ANIL VASHISHT Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The petitioners have filed the present petition under Section 407 of the Code of Criminal Procedure, 1973 (in short 'CrPC') for transfer of Criminal Case No. 22-2 of 2009, titled State of H.P. v. Anil Vashisht and others, pending in the Court of the learned Chief Judicial Magistrate, Kinnaur at Reckong Peo to any other Court in Shimla. Petitioner No. 1 and respondent No. 2 are husband and wife, respectively. Co-petitioners No. 2 to 5 are relatives of the husband. A case under Section 498A and 506 read with Section 34 of the Indian Penal Code (in short 'IPC') has been registered against the petitioners at Police Station, Pooh, District Kinnaur, vide FIR No. 21 of 2008, dated 24-08.2008. The trial, which has since commenced, is now stated to be fixed for 23.02.2013 for appearance of the petitioners (accused).

(2.) The allegations relating to cruelty and criminal intimidation relate mainly to the period while the husband was posted at Pooh in District Kinnaur as a Junior Engineer and the wife was also residing with him there. Indisputably, whereas the members of the accused party belong to District Bilaspur, the wife (complainant) belongs to District Solan. A perusal of the list of witnesses, Annexure P-6, relied upon on behalf of the prosecution in support of its case would go to show that out of thirteen witnesses five witnesses, including the complainant, mentioned at serial Nos. 1 to 3, 7 and 9 belong to Solan. The witness mentioned at serial No. 5 by name Ms. Reva Sharma, who is daughter of petitioner No. 1 and respondent No. 2, was at the relevant time studying in District Kinnaur and is stated to be presently residing and receiving education at Solan. Thus, out of thirteen witnesses, six witnesses are from District Solan. Similarly, the witness mentioned at serial No. 4, namely, Smt. Satish Sharma, is resident of Sanjauli, Shimla. Another witness at serial No. 8, Smt. Pawana Kumari, belongs to District Bilaspur. All the remaining witnesses at serial Nos. 6, 9 to 13 are based in Kinnaur, out of whom, except the one at serial No. 6, Shri Sashi Kant Chaudhary, all other are official police witnesses of investigation.

(3.) In support of their prayer for transfer of the case, the petitioners have relied upon a judgment rendered by the Hon'ble Supreme Court reported as Mrudul M, Damle and another v. Central Bureau of Investigation, New Delhi, 2012 5 SCC 706. Paras 10 and 19 of the judgment, being relevant, are extracted below: