KIRAN SONI Vs. RAMESH KUMAR SONI

JUDGEMENT

(1.) This petition under Section 407 of the Code of Criminal Procedure is filed for transfer of the case under Section 498-A of the Indian Penal Code, pending before the Chief Judicial Magistrate, Vidisha.

(2.) It has been alleged in the petition that after the marriage of the petitioner took place on 22.5.1986 at Chhatarpur, she came with her husband to Vidisha, her matrimonial home. Her father Babulal gave dowry according to his means. The marriage had taken place under the mass marriage function. A sum of Rs. 15,000/- in cash, golden chain locked etc. etc. were given. After the marriage, the husband and other opposite parties started misbehaving with her, saying that nothing was given in dowry. She was being threatened and forced to bring Rs. 50,000/-, motorcycle, fan, sofa-set etc. from her father and in case it was not brought she was threatened that she would be killed. She went twice to the husbands house, but she was ill-treated- On 14.6.87, at about 2 a.m. opposite party No.3 Ashok Kumar forced her to write a letter to her father, which she refused and hence she was beaten. She received several injuries. The opposite parties are residents of Vidisha and are influential persons. They had good connections with the Court people. They were giving threats that if whatever said was not accepted by her, the petitioner as well as her witnesses would be killed. It is, therefore, prayed that the case be transferred from the Court of Chief Judicial Magistrate, Vidisha to any other Court in any of the adjoining districts.

(3.) The application has been opposed. Learned Counsel for the petitioner contended that the petitioner was not alleged to lodge FIR at Vidisha and she had to lodge it at Chhatarpur and after investigation it was sent to Vidisha and thereafter the prosecution started. The petitioner apprehends danger to her own life and to the life other witnesses. The learned Counsel referred to two leeters, photostat copies of which have been filed, and which go to show that threats were extended to the petitioners.