MAMTA RANI Vs. RAJ RANI

JUDGEMENT

(1.) The petitioners have approached this Court under Section 407, Cr.P.C. praying for transfer of Criminal Complaint No. 38, dated 31.5.2010 titled Raj Rani v. Mamta Rani and Others, which is pending before a Magistrate at Talwandi Sabo, to a Court of competent jurisdiction at Mansa. Petitioner No. 1 was married to Anil Kumar Kangra. Out of this wedlock, a daughter, named, Anushka, is born and is aged about one year and is now living with her mother (petitioner No. 1). Petitioner No. 1 has made an allegation against the respondent for having maltreating her on the ground that she had brought insufficient dowry. It is alleged that demand was made for payment of some amount. This has led to a complaint against the respondent under Sections 498A and 406, IPC on 29.4.2010. This complaint is being prosecuted in the Court at Mansa. The respondent has been summoned and is facing the prosecution. Petitioner No. 1 and her daughter have also filed a petition under Section 125, Cr.P.C. before the Court of Chief Judicial Magistrate, Mansa, and a maintenance of Rs. 2,000 per month has been awarded to petitioner No. 1. Petitioner No. 1 has also alleged that she was facing continuous harassment and humiliation and has, thus, filed a complaint under Section 12d of the Domestic Violence Act, which is also pending at Mansa. In order to take revenge, the respondent has filed a complaint against the petitioners and others for which they are facing prosecution for offences under Sections 323, 341, 452, 506, 148, 149, IPC. These proceedings are in progress at Talwandi Sabo. Prayer accordingly is made that it is rather difficult for the petitioners to attend to these proceedings at Talwandi Sabo. She has, thus, prayed that the said case be also transferred for trial at Mansa, where the other proceedings are pending and the respondent is appearing before the Courts at Mansa. Considering the fact that the petitioner is a lady, who has already faced harassment and is before the Court, it would be appropriate that all these cases be tried at one place so that the facts are properly appreciated. It will, therefore, be necessary and convenient for the parties that the cases are tried at Mansa where some cases filed by the petitioners are pending.

(2.) The present petition is accordingly allowed. Directions are issued to transfer Criminal Complaint No. 38, dated 31.5.2010 titled Raj Rani v. Mamta Rani and Others, to a Court of competent jurisdiction at Mansa. Copy of the order be sent to both the Courts.