AMAN GUPTA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioners have approached this Court under Section 407 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.'), seeking transfer of Kotwali (Tilkamanjhi) P.S. Case No. 124 of 2011 dated 6.3.2011, registered under Sections 498A, 406, 420, 323, 120B/ 34 of the Indian Penal Code as also under Sections 3/ 4 of the Dowry Prohibition Act, corresponding to G.R. No. 566 of 2011, pending in the Court of learned Sub-Divisional Judicial Magistrate, Bhagalpur, from the aforesaid criminal Court at Bhagalpur to any competent criminal court at Patna, within Patna Sessions Division. It is admitted case of the parties that marriage between petitioner no. 1 and the opposite party no. 2 was solemnized on 4th July, 2010. Petitioner No. 2 is the father and petitioner no. 3 is the mother of petitioner no. 1 of the present application. Unfortunately, the matrimonial relationship between petitioner no. 1 and the opposite party no. 2 became strained only after few months of their marriage.

(2.) In the aforesaid factual backdrop, petitioner no. 1 filed H.M.A. Case No. 5 of 2011 (Aman Gupta vs. Pallavi Modi Gupta), before the learned Principal Judge, Family Court, Rohini, Delhi, making certain allegations against the opposite party no. 2 and seeking an appropriate relief enumerated in the petition filed on behalf of the petitioner no. 1. The aforesaid H.M.A. Case No. 5 of 2011 was subsequently transferred to the court of learned Additional Principal Judge, Family Court, Rohini, Delhi for disposal in accordance with law.

(3.) It appears that while the aforesaid matrimonial case was pending at Delhi, the opposite party no. 2 submitted a written report to the Senior Superintendent of Police, Bhagalpur, making allegations of demand of dowry, torture, criminal breach of trust, etc. against her husband (petitioner no. 1) and her parents-in-law (petitioner Nos. 2 and 3). On the basis of the aforesaid written report, Kotwali (Tilkamanjhi) P.S. Case No. 124 of 2011 dated 6.3.2011 was registered against the accused persons, who are petitioners in the present application, and investigation was taken up. It is also admitted case of the parties that on close of investigation, Police submitted charge-sheet against the petitioners on 20.10.2011 for offences under Sections 498A, 406/ 34 of the Indian Penal Code as also under Sections 3/ 4 of the Dowry Prohibition Act. By an order dated 21.10.2011, the learned Chief Judicial Magistrate, Bhagalpur has taken cognizance in the aforesaid criminal case for offences under Sections 498A, 406/ 34 of the Indian Penal Code and Section 3/ 4 of the Dowry Prohibition Act and the case has been transferred to the Court of learned Sub-Divisional Judicial Magistrate, Bhagalpur for trial and disposal. Summonses were ordered to be issued against the accused persons for their appearance.