M.R. Shah, J.—The present Criminal Miscellaneous Application has been preferred by the applicant-original complainant to transfer criminal proceedings of Criminal Case No. 3542/2008 pending in the Court of learned Judicial Magistrate First Class, Vyara to the Court of learned Judicial Magistrate First Class, Surat. 2. The applicant-original complainant had also lodged the FIR against the applicant at Songadh Police Station, Taluka Vyara, District Surat, being C.R. No. I 100/2008 for the offences punishable under Sections 323, 504, 506(2), 498(A) and 114 of the Indian Penal Code. The said FIR was lodged by the applicant through post, as according to her, she was not in a position to go to Songadh even for registering the FIR due to threats given by the respondents and, therefore, the applicant approached this Court by way of Criminal Miscellaneous Application No. 3240/2009 to transfer the investigation and the aforesaid Criminal case by submitting that on account of threats from the respondents, she was unable to go to Songadh Police Station to give the statement. At the relevant time, when Criminal Miscellaneous Application No. 3240/2009 was heard by this Court on 01/12/2009, it appears that the advocate for the parties were unable to know whether the chargesheets were filed or not and whether the investigation has been completed or not and, therefore, this Court disposed of the aforesaid Criminal Miscellaneous Application by observing that if the investigation is not completed the same may be done as early as possible and report may be filed before the concerned Court. The learned Single Judge also observed while disposing of the aforesaid Criminal Miscellaneous Application that the Investigating Officer shall record the statement or further statement of the applicant, if required, from where she is residing. By making the above observation the learned Single Judge disposed of the aforesaid Criminal Miscellaneous Application by order dated 1/12/2009. It appears that thereafter after the investigation the statement of the applicant was recorded at Surat and thereafter the respondents have been chargesheeted for the offence alleged against them and the said chargesheets were filed before the learned Court at Vyara having jurisdiction and, therefore, she preferred Criminal Miscellaneous Application No. 2972/2010 in the aforesaid Criminal Miscellaneous Application No. 3204/2009 for an appropriate order of revival of the aforesaid Criminal Miscellaneous Application No. 3204/2009, which was in fact to transfer Criminal Case No. 3542/2008 to the Court at Surat. The learned Single Judge by order dated 09/07/2010 disposed of the aforesaid Criminal Miscellaneous Application by observing that no case for revival of the main petition is made out, however, it will be open for the applicant to file a fresh petition for appropriate reliefs, if so advised. Thereafter, the applicant has preferred the present Criminal Miscellaneous Application under Section 407 of the Code of Criminal Procedure to transfer the proceedings of Criminal Case from the Court of learned Judicial Magistrate First Class, Vyara to the Court of learned Judicial Magistrate First Class, Surat where the applicant and other witnesses are residing. 3. Shri Akshat Khare, learned advocate appearing on behalf of the applicant has submitted that the applicant-wife is not in a position to go to the Court at Vyara as she is apprehending ill-treatment from the respondents-original accused and there is threat to her life. It is submitted that for fair trial, it will be proper if the trial of Criminal Case No. 3542/2008 is transferred to the Court at Surat where the applicant and other witnesses are residing. It is submitted that even earlier also the applicant approached this Court making apprehension that she is not in a position to go to Songadh for giving statement and considering that the learned Single Judge even directed the Investigating Officer to record the statement of the applicant at Surat where she is residing. It is submitted that if the case is transferred from the Court of learned Judicial Magistrate First Class, Vyara to the Court of learned Judicial Magistrate First Class, Surat as such the accused persons are not likely to be affected and/or prejudiced and, therefore, it is requested to exercise the powers under Section 407 of the Code of Criminal Procedure and to transfer the Criminal Case from the Court at Vyara to the Court at Surat. 4. The present application is opposed by Shri N.V. Gandhi, learned advocate appearing on behalf of the respondents-original accused. 4. The present application is opposed by Shri N.V. Gandhi, learned advocate appearing on behalf of the respondents-original accused. It is submitted that as such for the very relief earlier, the very applicant preferred Criminal Miscellaneous Application No. 3240/2009 and prayed to transfer the Criminal Case from the Court of learned Judicial Magistrate First Class, Vyara to the Court of the learned Judicial Magistrate First Class, Surat on the very ground, which are stated in the present application and the learned Single Judge did not grant the said relief and disposed of the aforesaid Criminal Miscellaneous Application. It is further submitted that thereafter when the learned Single Judge passed the order dated 09/07/2010 in Criminal Miscellaneous Application No. 2972/2010 it was for transfer of the investigation only and it is submitted that when earlier this Court has not granted the relief as prayed for to transfer the case from the Court of learned Judicial Magistrate First Class, Vyara to the learned Judicial Magistrate First Class, Surat then it is requested not to grant the relief in the present application. 5. Shri. N. V. Gandhi, learned advocate appearing on behalf of the respondents-original accused has further submitted that as such there are no specific allegations in the present application that the applicant is apprehending threat to her life while appearing in the case before the learned Judicial Magistrate First Class, Vyara. It is further submitted that the distance between Songadh and Vyara is 22 kms and the distance between Songadh and Surat is 85 kms and, therefore, it is requested not to exercise the powers under Section 407 of the Code of Criminal Procedure and not to transfer the case from the Court at Vyara to the Court at Surat. It is submitted that even nothing has been averred in the petition with respect to the convenience of the witnesses etc. while requesting to transfer the case from the Court at Vyara to the Court at Surat. By making the above submission, it is requested to dismiss the present application. 6. Shri L.B. Dabhi, learned advocate appearing on behalf of the respondent-State has requested to pass appropriate order. 7. Heard the learned advocates appearing on behalf of the respective parties at length. By making the above submission, it is requested to dismiss the present application. 6. Shri L.B. Dabhi, learned advocate appearing on behalf of the respondent-State has requested to pass appropriate order. 7. Heard the learned advocates appearing on behalf of the respective parties at length. At the outset, it is required to be noted that the applicant at the relevant time was residing at Songadh, Taluka Vyara, District Surat but is at present staying at Surat at her parental house and she has filed the FIR against the accused persons-respondents herein at Songadh for the offences punishable under Sections 323, 504, 506(2), 498(A) and 114 of the Indian Penal Code on apprehension and considering the threats the said FIR was filed through post. Even at the stage of investigation also the applicant approached this Court by way of Criminal Miscellaneous Application No. 3204/2009 to transfer the case. However, at the relevant time, it was not sure whether the investigation has been completed or not and, therefore, the learned Single Judge disposed of the aforesaid Criminal Miscellaneous Application by directing the concerned Investigating Officer to record the statement of the applicant-original complainant at Surat where she was residing. Thereafter, the chargesheet has been filed against the accused persons and the case was pending before the learned Judicial Magistrate First Class, Vyara and thereafter again the applicant submitted Criminal Miscellaneous Application No. 2972/2010 in Criminal Miscellaneous No. 3204/2010 for revival of Criminal Miscellaneous Application No. 3204/2010 by submitting that as such the prayer in the Criminal Miscellaneous Application was to transfer the proceedings to the Court at Surat and the learned Single Judge by order dated 09/07/2010 disposed of the said Criminal Miscellaneous Application, however, reserved liberty in favour of the applicant to file a fresh petition for appropriate relief, if so advised and that is how the applicant has preferred the present application. 8. Considering the aforesaid facts and circumstances of the case, it cannot be said that merely because the earlier Single Judge did not grant any relief in the aforesaid Criminal Miscellaneous Application, the present application is not maintainable and/or not required to be entertained. 8. Considering the aforesaid facts and circumstances of the case, it cannot be said that merely because the earlier Single Judge did not grant any relief in the aforesaid Criminal Miscellaneous Application, the present application is not maintainable and/or not required to be entertained. It is to be noted that even the very learned Single judge while disposing of Criminal Miscellaneous Application No. 2972/2010, which was submitted to revive Criminal Miscellaneous Application No. 3240/2009 reserved the liberty in favour of the applicant to file a fresh petition for appropriate reliefs. Under the circumstances, the submission on behalf of the private respondents-original accused not to grant the relief in the present application in view of the earlier disposal of Criminal Miscellaneous Application No. 3240/2009 and Criminal Miscellaneous Application No 2972/2010 in Criminal Miscellaneous Application No. 3240/2009 cannot be accepted. 9. As stated hereinabove, right from the very beginning the applicant has apprehended threats from the respondents-accused persons and she was not in a position to go to Songadh for giving her statement. It is also required to be noted that even all the witnesses and/or by and large all the witnesses are residing at Surat. Under the circumstances and in the facts and circumstances of the case and so as to see that the applicant-original complainant-wife gets fair trial without fear and even the witnesses also may be able to give their deposition in free and fair atmosphere, this Court is of the opinion that this is a fit case to exercise the powers under Section 407 of the Code of Criminal Procedure to transfer the Criminal Case from the Court of learned Judicial Magistrate First Class, Vyara to the Court of learned Judicial Magistrate First Class, Surat. As such no prejudice shall be caused to the accused persons if the case is transferred from the Court of learned Judicial Magistrate First Class, Vyara to the Court of learned Judicial Magistrate First Class, Surat except that instead of 22 kms they have to travel 85 kms from Songadh to Surat. 10. In view of the above and for the reasons stated hereinabove, the present application succeeds and the learned Judicial Magistrate First Class, Vyara is hereby directed to transfer the proceedings of Criminal Miscellaneous Application No. 3542/2008 to the Court of learned Judicial Magistrate First Class, Surat forthwith. Rule is made absolute to the aforesaid extent. Direct service is permitted