USHARANI MOHAPATRA Vs. NITYANAND SAHU

JUDGEMENT

(1.) This is an application under S. 407, Code of Criminal Procedure to transfer a U.R. Case from the Court of learned S.D.J.M., Phulbani to the Court of learned S.D.J.M., Berhampur mainly on the following grounds, as enumerated in paragraphs 2 and 3 of the petition, which are quoted hereunder :

(2.) The petitioner reiterated the averments made above and prays for transfer of the case.

(3.) The opp. party No. 1 has filed a counter affidavit controverting the factual aspects in the petition and inter alia asserts that none of the grounds mentioned in the petition is a ground for transfer of the petition inasmuch as the petitioner who claims to be ill has not produced any medical certificate in support of her case. It is stated that the petitioner is working at Ramagiri and the distance from Ramagiri and Phulbani is not 200 K.Ms. It is asserted that the petitioner is working as Principal in Dr. B. R. Ambedkar National College, Ramagiri and she is hale and hearty and capable of extensive movements. The allegation regarding the family members of the opp. party No. 1 has been denied inasmuch as it is stated in paragraph 3 that there are only two family members of the opp. party residing at Phulbani i.e. the opp. party No. 1's old mother and his younger brother. In paragraph 4 of the counter-affidavit it is stated that the petitioner in order to file the present case had gone to Phulbani and stayed for some days for procuring the certified copy and the police papers and the allegations against the opposite party and the family members are false. It is stated that all the witnesses are of Phulbani, the investigation is conducted at Phulbani and the Phulbani Court has the jurisdiction and if the accused persons as well as the witnesses are asked to come to Berhampur for the trial of the case, they will be seriously prejudiced and it would cause immense difficulties without any reason or rhyme.