KAMLA BAI Vs. STATE OF M P

JUDGEMENT

(1.) PETITIONERS have filed this petition under Section 407 of Cr. PC for transfer of the Cr. Case No. 602 of 2008 pending in the Court of JMFC, ashoknagar, Guna to any other Competent Criminal Court at Guna.

(2.) AS per petitioners, the facts stated in brief are that respondent no. 2 Smt. Premlata is wife of petitioner No. 3. One matrimonial case bearing case No. 17-A of 1991 instituted by petitioner No. 3 under Hindu Marriage Act for divorce, was pending in the Court of District Judge, Shivpuri. In that case, parties arrived at compromise and started living together. Respondent No. 2 gave birth to three children thereafter. Then again there was internal fraction between petitioners and respondent No. 2 and respondent No. 2 started living separately. Another suit for divorce was filed by petitioner No. 3 bearing No. 42 of 2006, which is pending in the Court of Additional District Judge, Shivpuri. One more case bearing No. 1 of 2008 under provisions of Guardian and Wards act is pending in the Court of Additional District Judge, Shivpuri. After filing of case of divorce by petitioner No. 3, respondent No. 2 lodged a report against petitioners at Thana Piprai on which, Crime No. 208 of 2005 was registered for committing offence punishable under Sections 498-A and 506-B of Indian Penal code against the petitioners and charge-sheet has been filed and now the case is pending in the Court of JMFC, Ashoknagar. Judicial Magistrate, First Class ashoknagar has no jurisdiction to try the case as demand of dowry is alleged to be made at Shivpuri as per First Information Report (Annexure P-l) and statement of respondent and witnesses, viz. , Annexure P-2 to Annexure P-4. Two cases are allegedly pending in the Court of 1st Additional Distt. Judge, shivpuri. Hence, it is prayed that this third case pending in the Court of JMFC, ashoknagar be transferred in any Competent Court at Shivpuri.

(3.) FOR this purpose, it would be relevant to go through the provisions of Section 177 of Cr. PC as it deals with the ordinary place of inquiry and trial, and reads as follows :-