FEROZE ANWAR @ FIROZE ANWAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application has been filed by the petitioner for transfer of Complaint Case No. 916 of 2015, Tr. No.3067 of 2015 for offences under Section 498(A) of the Indian Penal Code and Section 4 of the Dowry Prohibition Act, pending in the court of Sub Divisional Judicial Magistrate, Gaya, to a court of competent jurisdiction at Patna.

(2.) It appears from perusal of the record that opposite party no.2 filed a complaint case stating that she was married with the petitioner and after marriage, the behavior of the petitioner and his family members became strange, as they start pressurizing the complainant to pay rupees twenty lacs for purchasing of a flat at Patna and for that they brutally assaulted her and further allegation is that she was kicked from residence after relieving her ornaments and they also threatened her to pronounce Talaq and on that basis, the Complaint Case No. 916 of 2015 was instituted.

(3.) The main ground for transfer of the case from the Sub Divisional Judicial Magistrate, Gaya to a court of competent jurisdiction in Patna is that the petitioner is suffering from eye disease that is "Herido Macular Degeneration" and he was under treatment at Sankara Nethralaya, Chennai and further the petitioner is a poor visibility and a certificate of his disability has been issued by a Medical Board under Chairmanship of Civil Surgeon, Patna, that shows 75% disability of the petitioner and hence, the petitioner feels difficulty in going to Gaya to attend the court and participate in the proceeding. Second ground for transfer of the case is that now the opposite party no.2 has also been transferred to Kendriya Vidyalaya, Deoghar and as such she will not have any difficulty if the case is transferred to any court of competent jurisdiction at Patna or even at Deoghar.