PURNIMA SONAKPURIYA (SMT.) Vs. STATE OF M.P.

JUDGEMENT

(1.) This petition under Section 407 Cr.P.C , 1973has been filed by the complaint/petitioner-Smt. Purnima Sonakpuriya requesting to transfer the Criminal Case No. 2931/2014 (State of M.P v. Sunil and Others ) pending before J.M.F.C, Betul to any court at another district in the interest of justice.

(2.) The petitioner is the wife of respondent No. 2. Respondent Nos. 3 to 6 are the family members of respondent No. 2. The petitioner lodged an F.I.R against the respondent No. 2 and his family members alleging demand of dowry and harassment. Therefore, offence under Section 498-A/34 of the I.P.C has been registered at Police Station Betul on 19.06.2014. Subsequent thereto, after investigation, charge sheet has been filed. It is alleged that respondent No. 2 is a practicing lawyer at Betul. Therefore, no Advocate agreed to appear on behalf of the petitioner/complainant to object the application for bail filed by the respondent Nos. 2 to 6.

(3.) The petitioner/complainant claimed that because respondent No. 2 is a practicing lawyer at Betul and having political connections, the petitioner will not be able to participate in the criminal proceedings against the respondent Nos. 2 to 6. Respondent No. 2 is also a permanent resident of District Betul. It is very much possible that during the proceeding, the respondent will try to influence and pressurize the petitioner using their contacts at Betul. The petitioner/complainant also alleged that her efforts to engage a counsel during the bail application was in vain, for no lawyer appeared against the respondent No. 2.