ANITA Vs. STATE OF M P & ANOTHER

JUDGEMENT

(1.) The instant petition is moved under Section 482 of the Code of Criminal Procedure 1973 by the petitioner for transfer of her pending Criminal Case No. 11645/2009 from the court of Judicial Magistrate First Class, Gwalior (Smt. Preeti Salve) to any other criminal court having jurisdiction at Gwalior.

(2.) The brief facts leading to filing the present petition are that on the FIR lodged by the complainant/petitioner, after investigation, the charge-sheet was filed against respondent No.2/accused by the Police Station University, Gwalior in the court of JMFC, Gwalior where the case is pending. It is complained by the petitioner that during trial of the case, the behaviour of the Presiding Judge towards her, who by profession is a practicing lawyer conducting cases in the High Court as well as District Court Gwalior was not fair and therefore she apprehends injustice with her. She, thus, moved transfer petitions before the Chief Judicial Magistrate as well as the Sessions Judge, Gwalior but same were dismissed. The petition preferred under Section 407 of Cr.P.C. before this court which was registered as Misc. Cri.C. No. 9154/2011 was disposed of on 8th August, 2012 with a direction to conduct an independent inquiry by the District Judge (Inspection and Vigilance), Gwalior. The District Judge (Inspection and Vigilance) Gwalior vide his report dated 18th September 2012 did not find any substance in her complaint made against the Presiding Officer. Hence, the petitioner by moving this petition prayed for exercising inherent powers under Section 482 of Cr.P.C. in directing the learned Sessions Judge to transfer the Criminal Case No. 11645/2009 pending before the concerned Judicial Magistrate to any other criminal court having jurisdiction at Gwalior for its trial and decision.

(3.) The grounds raised in the transfer petition may be recapitulated as under:-