SMT. PREETI DONGRE Vs. VINAY DONGRE AND OTHERS

JUDGEMENT

(1.) This application under Section 407 of Cr.P.C. has been filed for transfer of Criminal Case No.264/2017 pending in the Court of JMFC, Sohagpur, District Hoshangabad to Jabalpur.

(2.) It is submitted by the counsel for the applicant that the applicant had lodged a complaint against the respondents no.1 to 3 for an offence under Sections 498-A , 34 of IPC and under Section 3 / 4 of the Dowry Prohibition Act at Police Station Garha, District Jabalpur, which was taken at "Zero" and it was transferred to Police Station Sohagpur, District Hoshangabad, as according to the police, the entire cause of action had arisen at Sohagpur, District Hoshangabad. It is submitted by the counsel for the applicant that the respondents are politically powerful persons and they managed the affairs at Sohagpur and with great difficulties after six months of the transfer of FIR to Police Station Sohagpur, the police registered the offence. It is further submitted that after the FIR was lodged, the respondents came to the house of the applicant and she was threatened and beaten and a police complaint was also made to the Superintendent of Police, Jabalpur, but under the political pressure of respondents, the police did not take any action. It is further submitted that she has an apprehension that in case if she goes to Sohagpur for recording of the evidence, then she may be harmed. Accordingly, it is submitted that criminal case No.264/2017 pending before the Court of JMFC Sohagpur, District Hoshangabad may be transferred to the competent Court at Jabalpur. Per contra, it is submitted by the counsel for the respondents that the grounds, which have been raised for transfer of criminal case, are imaginary and beyond the truth. The applicant lodged a FIR at Police Station Garha, District Jabalpur on 24/5/2017, which was taken at serial no.0 and since the police was of the view that the entire cause of action has arisen at Sohagpur, District Hoshangabad, therefore, the case was transferred to District Hoshangabad. The record of the Police Station Garha was received in the office of Superintendent of Police, Hoshangabad and was handed over to the Police Station Sohagpur, District Hoshangabad on 22/6/2017 and on the very same day the FIR was registered. The police at Sohagpur had acted promptly and recorded the statements of the applicant and other witnesses on 24/6/2017, i.e. just two days after the registration of the FIR, and after completing the investigation, has filed the charge-sheet on 1/8/2017. So far as the allegations of coming to the house of the applicant and threatening her is concerned, the same is false. The applicant has never come to Sohagpur and the apprehension of causing harm to her is nothing but a self imaginary apprehension created for transfer of the case. The respondents no.2 and 3 are aged about 80 years and 75 years respectively and although they have been granted permanent exemption from personal appearance, but since they are facing criminal trial, therefore, their presence would be necessary before the trial court and in case if the case is transferred to Jabalpur, then it would be an undue harsh for the respondents to come to Jabalpur every day and attend the proceedings. It is further submitted that this Court by order dated 25/1/2017 passed in M.Cr.C. No.6051/2015 in the case of Smt. Taramani Parakh Vs. State of M.P. and others has held that in case if the complainant feels inconvenient to appear before the trial court for giving her evidence, then she may file an application under Section 284 of Cr.P.C. for recording of her evidence on commission.

(3.) Heard learned counsel for the parties.