KHUSHBOO KUMARI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Instant petition has been filed for transfer of Complaint Case No.2130 of 2018 under Ss. 323, 379, 34 of the I.P.C. filed by father-in-law of this petitioner from Dhanbad to Seraikella.

(2.) It is submitted by the learned counsel on behalf of petitioner that instant case is counter to the earlier complaint case filed by this petitioner under Ss. 498A, 323, 120B, 34 of the I.P.C. being Complaint Case No.6160 of 2017 which is pending in the Court of Chief Judicial Magistrate, Seraikella. There are other two cases which are pending at Seraikella and only to attend this case she has to come and attend the Court at Dhanbad. She has no one else to support her and she has a daughter and it is highly inconvenient for her to appear on each date at Dhanbad.

(3.) Learned counsel on behalf of the opposite party has opposed the petition. It is submitted that there are altogether 13 witnesses of Dhanbad and the complainant is 64 years old and it will cause undue hardship to the witnesses and the complainant to appear in the Court for evidence at Seraikella. The place of occurrence is at Dhanbad and therefore, the normal place of trial would be at Dhanbad