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2005 DIGILAW 48 (RAJ)

Shiv Kumar Sharma v. Rashmi

2005-01-06

H.R.PANWAR

body2005
Judgment H.R. Panwar, J.-By the instant criminal misc. transfer petition under section 407 CrPC, the petitioner seeks transfer of criminal case pending in the Court of Additional Chief Judicial Magistrate, Nagaur to any competent Court at Bikaner. The transfer petition is seriously opposed by respondent No. 1 Rashim Wife of petitioner under section 125 CrPC Seeking maintenance is pending in the Court of Additional Chief Judicial Magistrate, Nagaur. It has not been disputed that the petitioner is husband of respondent No. 1 and according to respondent No 1, the petitioner neglected and refused to maintain her despite having sufficient means. It is submitted by the learned Counsel for the petitioner that petitioner has filed a divorce petition under section 13 of the Hindu Marriage Act, 1955 initially before the District Judge, Sri Ganganagar. On a transfer petition filed by respondent No. 1, this Court vide order dated 20.10.2003, has transferred the divorce petition from the Court of Sri Ganganagar to Bikaner and, therefore, the case instituted by respondent No. 1 at Nagaur be also transferred to Bikaner. There is another case against the petitioner instituted on the report of respondent No. 1 punishable for the offences under section 406 and 498-A of the Indian Penal Code, Which is also pending in the Court of A.C.J.M., Nagaur. The petitioner seeks both the cases to be transferred to any Court at Bikaner on the ground that the divorce petition filed by him is pending at Bikaner. It is further contended that the petitioner has to travel from Sri Ganganagar to Nagaur to defend two cases instituted by respondent No. 1 causing inconvenience to the petitioner. 2. Section 407 CrPC. empowers the High Court to transfer the case in appeals. Section 407 CrPC provides that where it appears to the High Court that a fair and impartial inquiry or trial cannot be had in any Criminal Court subordinate thereto, or that some question of law of unusual difficulty is likely to arise, or that an order under this section is required by any provision of the Code, or will tend to the general convenience of the parties or witnesses or is expedient for the ends of justice, the High Court is empowered to transfer the cases or and appeals. In the instant case, the convenience is claimed by the petitioner which would put respondent No. 1, a lady not being maintained by her husband, to inconvenience in travelling from her residence to a different place. On the transfer of the case being allowed, not only respondent No. 1 will have to travel from her place of residence to a different place but also she has to manage her lodging and boarding to a place where the transfer of the case is sought, therefore, it cannot be said that transfer of a case on such ground would be expedient for the ends of justice. On the contrary, respondent No. 1being a lady not maintained by her husband would be put to inconvenience to conduct her case at a different place than the one where she is residing. 3. In the circumstances, therefore, it is not a fit case to transfer the case from Nagaur to Bikaner or any other place. 4. The transfer petition lacks merit and, therefore, it is dismissed.