ARCHANA PANDEY Vs. STATE OF M. P.

JUDGEMENT

(1.) This application has been filed by the applicant under Section 482 of the Cr.P.C. for transferring the case i.e. S.T. No. 31/19 pending before the 4 th Additional Sessions Judge, Betul for the offence punishable under Section 306 of the IPC.

(2.) Facts giving rise to the petition, in short, are that the applicant is a Government Servant and worked as an accountant in the District Court Khandwa. She has been appointed and posted in District Court Betul later on, promoted to the post of Accountant in the year 2010. Deceased was also working as a Stenographer in the District Court Betul committed suicide on 1 st March, 2018 by consuming poison substance. He was brought to the hospital. Doctor declared him dead on arrival and informed to the police. Temporary Marge No. 024/18 was registered at Police Station situated at government hospital and Original Marge No. 15/18 was registered under Section 174 of the Cr.P.C. at Police Station Kotwali, District Betul. During investigation, the father of the deceased submitted a suicide note in which it was mentioned that the applicant developed relation with the deceased and exploited him and pressurized him to get marry with her despite knowing that he was a married person having a child. The deceased went into the depression and ultimately committed suicide under the pressure of the applicant. Police Station Kotwali registered a Crime No.271/2018 for the offence punishable under Section 306 of the IPC against the applicant. After investigation, charge-sheet came to be filed before the Court of JMFC, Betul. The Court of JMFC committed the case for trial which was registered at S.T. No. 31/19 pending before the 4th Additional Sessions Judge, Betul.

(3.) The applicant filed an application under Section 407 of the IPC for transferring the case from Betul to another District on the ground that brother-in-law and nephew of the deceased created influence over the Bar Association and on the police and under that influence, any member of the Bar Association is not ready to prosecute the case of the applicant, then she has been insisted to engage some counsel out side of the District. This fact clearly shows that the applicant cannot defend his case properly, therefore, prays to transfer this case from District Court Betul to another District near to District Betul may be Narsinghpur, Harda and Hoshangabad.