NARAIN SINGH Vs. STATE OF M P

JUDGEMENT

(1.) THE petitioners have filed this petition under Section 407 read with section 482 of the Code of Criminal Procedure for transfer of Criminal Case No. 1591/1986 pending in the Court of Chief Judicial Magistrate, Morena, from that Court to some other Court outside Morena district

(2.) THE petitioners are being prosecuted by the State for having committed offences punishable under Sections 498-A, 406 and 120-B of the Indian Penal Code. Petitioner No. 1 is the husband of petitioner No. 2; petitioner No. 3 is mother and petitioner No. 4 is brother of petitioner No. 1. Petitioner No. 4 was married to one lakshmi, who was resident of Morena. The petitioners are residents of Gwalior. Prosecution case is that nine years after the marriage of Lakshmi with petitioner No. 4, she was ill-treated and, in spite of heavy dowry being paid to the petitioners further demands were put by them for bringing motor-cycle in the family. The prosecution case further alleges that Lakshmi was being-ill-treated in the family by all the petitioners and that is why she left her marital home and now resides at her father's place. The prosecution case further proceeds that the petitioners after entering into a criminal conspiracy, subjected Lakshmi to cruelty, snatched her stridhan and turned her out of the house. Lakshmi Devi Rathore filed a complaint in writing before City Inspector of police, Morena, on 23-2-1986 and upon that report, the Police took cognizance and registered crime No. 65/1986.

(3.) THE petitioners contend that Lakshmi Devi left her marital home voluntarily and, after deserting her husband petitioner No. 4, Arun Pratap Singh, mysteriously disappeared. Upon this, the petitioners not only filed a report in the police but also advertised in newspapers and requested her to return to her husband's family. They further contend that Lakshmi Devi after deserting her marital home connived with her brother Keshav Singh, Advocate, Morena, and filed this false report against them. They further contend that Keshav Singh, Advocate, is the kingpin of the whole drama, and his sole intention is that when they reach Morena for appearing in the case as accused they be harassed; they apprehend danger to their life at the hands of said Keshav Singh, advocate, Morena, and his Goondas. They further contend in the petition that Keshav singh is terrorising the petitioners and their relations, who come for their aid to provide company and protection. Thus, they conclude in the petition that the petitioners are not likely to get justice at Morena and in a tumultuous and terror-stricken atmosphere they will not be able to defend themselves in the alleged crime. In support of their contention they have filed affidavits of Narayan Singh and Ramchandra Singh Tomar, Advocate, morena, and certain documents.