PAVAN KUMAR BHATIA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) PETITIONER husband has filed this transfer application u/s 407 read with section 482 Cr.P.C. seeking transfer of proceedings of criminal case bearing No.51/2012 arising out of FIR No.12/2012 registered at Police Station Mahila Thana, Ajmer, titled as State V/s Pawan Bhatia, for offences under sections 498A and 406 IPC pending before the learned Additional Civil Judge (Jr. Div.) & Judicial Magistrate, No.2, Ajmer.

(2.) HEARD the learned counsel for the petitioner, the learned Public Prosecutor and the learned counsel appearing for respondent No.2, the wife.

(3.) THIS petition was vehemently opposed by the learned counsel appearing for the respondent No.2 stating that not even a single instance when he was threatened, has been mentioned in the petition. Moreover, according to him the parties got married in the end of 2010 and the case was lodged by the respondent wife in January, 2012 in which after investigation, the charge-sheet was filed against the petitioner and his family members on 9.2.2012. Since 9.2.2012 the petitioner has not appeared even once before the court which is clear from the order-sheets dated 9.2.2012, 18.4.2012, 16.5.2012, 4.7.2012, 13.7.2012, 8.8.2012 and 22.8.2012. Exemption on all these hearings was sought on account whereof even the charge could not be read over to him. On one or the other pretext of leave or ill-health etc. the adjournments had been sought for the whole year. Since 13.1.2012 when the petitioner was granted bail by the learned Sessions Judge, one year has passed but even the accusation could not be read over to him. His argument is that the respondent No.2 is living with her parents along with her 15 months' old child for which the petitioner has not paid a single penny as maintenance and is trying to get the case transferred out of Ajmer so as to harass her.