ISTIKHARA BEGUM Vs. SYED MOHAMMAD MAIDER

JUDGEMENT

(1.) THIS petition has been presented u/sec. 407 of the Code of Criminal Procedure for transfer of Criminal Case No. 266/94 pending in the Court of Shri J. K. Verma, Judicial Magistrate First Class, Sironj to any other Judicial Magistrate First Class at Datia or Babra or nearby area.

(2.) THE petitioner, in her petition, alleged that a dispute is going on and a petition has been presented u/sec. 498-A of the I. P. C. pending at Sironj. The petitioner, being a lady has to attend the Court and she may not be able to produce her witnesses as number of means of harassment is being adopted by me opposite parties in the course of the trial. The dispute between the parties is regarding the marriage of the petitioner with Dr. Syed Mohammad Haider who is opposite party in the case. The petitioner, in her petition further alleged that on certain dates fixed at Sironj, certain orders were passed by the Court without hearing her Counsel. Further, she herself is feeling danger to her life in going to Sironj to contest me case. It is also mentioned that Sironj is not connected with any Railway Station nor there are proper means of communication from the place of her parents, which is of Datia. In these circumstances the petitioner, being a lady, prays for transfer of Criminal Case No. 266/94 from Sironj to a place near Datia so that she may appear herself and may be able to produce her witnesses in Court while contesting the trial, and the fair trial may be ensured.

(3.) THE reply has been filed by the respondents alleging therein that the petitioner is the sister of the two judicial officers and, therefore, she is taking advantage of the position of her brothers who are influencial judicial officers and it will not be proper to transfer the case from Sironj to any other place otherwise the petitioner may take advantage of her two brothers, who are influendal judicial officers and fair trial of the case may be conducted at Sironj itself.