SAVITA GUPTA Vs. RAMESH CHANDER SABHAWAL

JUDGEMENT

(1.) THROUGH the instant petition, petitioner Savita Gupta wife of Shri Vivek gupta is praying for quashing of the complaint and the order dated 11-8-2005 vide which process has been issued against her to face trial. The said complaint is presently pending before learned Chief Judicial Magistrate, rajouri. The alternative prayer made herein is for the transfer of the aforesaid complaint from the Court of Chief Judicial magistrate, Rajouri to the Court of any Judicial magistrate having jurisdiction at Jammu.

(2.) MR. Shukla submits that so far as alternative prayer for transfer of case is concerned, he may be allowed to withdraw the said prayer and the same be deleted from prayer clause also, for the reason that earlier also the parents of the petitioner had knocked the doors of this Court vide their separate petition for quashing of the complaint qua them wherein the prayer for transfer of complaint was also agitated. However, this Court, while disposing the said petition, observed that since the Chief Judicial Magistrate was ceased of the case, the accused (petitioners) could raise the said plea before the trial Court itself. Mr. Shukla fairly states that the said plea shall not be available to him once again.

(3.) MR. Sawhney, learned counsel for the respondents, has not raised any objection to it. Therefore, I allow the oral prayer made by Mr. Shukla and order deletion of clause no. (ii) from the prayer clause of the main petition.