Research › Browse › Judgment

Supreme Court of India · body

2005 DIGILAW 773 (SC)

SACHIN DUBEY v. SHIRISH KUMAR BHARADWAJ

2005-04-11

B.N.SRIKRISHNA, K.G.BALAKRISHNAN

body2005
ORDER 1. Heard learned counsel for the parties. 2. The respondent herein filed a criminal complaint against the petitioners herein alleging that they have demanded dowry and filed a case under Section 498-A IPC and allied offences. One of the petitioners is staying at Chennai, two petitioners at present are staying at Saharanpur (U.P.) and one of the petitioners is in Delhi. It is alleged by the petitioners that the daughter of the respondent who is wife of Petitioner I is at present working in Bhopal, therefore, it will be convenient for all the parties to have the trial before the court at Bhopal. 3. Counsel for the respondent on the other hand contended that the respondents daughter is working on contract basis in a company at Bhopal and the contract would expire after nine months and she would face difficulty if the matter is transferred at Bhopal. It is also urged by the counsel for the respondent that she is being threatened by one of the petitioners. 4. Having regard to the facts and circumstances of the case, we feel that it is convenient for all the petitioners to have the trial in one of the competent courts at Bhopal. We transfer Complaint Case No. 67(C) of 2004 titled as Shirish Kumar Bharadwaj v. Sachin Dubey pending in the Court of SDJM, Patna, subordinate to the High Court of Bihar to CJM, Bhopal, Madhya Pradesh. CJM, Bhopal would be at liberty to transfer the case to any other competent Magistrate for trial and disposal. The trial of the case be expedited and the matter be disposed of expeditiously at least within a period of nine months. 5. In case of any threat to the daughter of the respondent, she would be at liberty to approach the Magistrate for appropriate relief. 6. The transfer petition is allowed.