Research › Search › Judgment

Jharkhand High Court · body

2019 DIGILAW 181 (JHR)

Jaheda Khatoon @ Zahida Khatoon v. State Of Jharkhand

2019-01-17

SHREE CHANDRASHEKHAR

body2019
JUDGMENT 1. The petitioner seeks transfer of Sessions Trial No. 267 of 2015 arising out of Kotwali (Hindpiri) P.S Case No. 1102 of 2014 corresponding to G.R. Case No. 7040 of 2014 from Ranchi to a competent court of jurisdiction at Seraikella-Kharsawan. 2. Plea urged on behalf of the petitioner is that she is the resident of Chora within the district of Seraikella-Kharsawan which is at a distance of about 140 km from Ranchi and she apprehends some incidents at the behest of the accused-Janeral Khan and his associates if she has to attend the proceeding at Ranchi court. Another plea raised by her is that she is the sole bread-earner of the family and therefore it would be difficult for her, particularly in the face of continuous threat from the accused-Janeral Khan and his associates, to attend the court proceeding alone at Ranchi. 3. Briefly stated, after the First Information Report being Kotwali (Hindpiri) P.S Case No. 1102 of 2014 was lodged by the petitioner on 21.12.2014 for offence under section 376 IPC , one Shamim Khan has informed her on 13.01.2015 that due to registration of a criminal case Janeral Khan has fled away. In the criminal case, charge-sheet was submitted on 20.04.2015 against the sole accused-Janeral Khan under section 376 IPC. In paragraph nos. 8 to 10, she has narrated the incidents why she has lodged Complaint Case No. 273 of 2015 for prosecution of Taz Khan, Kamal Khan and Shamim Khan under section 323, 341 and 354 IPC . In this petition, except stating that she is receiving continuous threat from the accused-Janeral Khan (para14), the petitioner has not averred any incident after 30.01.2015 when she has instituted the complaint case. Prior to registration of the complaint case, of course, she has pleaded that she had gone to Hindpiri Police Station for lodging a complaint, however, after she has lodged the complaint case no incident of threat by accused-Janeral Khan has been narrated by her. She has not asserted that she has lodged Sanha at the police station and, moreover, she herself has lodged a complaint case at Ranchi and she is not seeking transfer of that case. She has not asserted that she has lodged Sanha at the police station and, moreover, she herself has lodged a complaint case at Ranchi and she is not seeking transfer of that case. The plea taken by the petitioner that Seraikella-Kharsawan is situated at a distance of about 140 km from Ranchi or that she is the sole bread-earner of the family are not the grounds for transfer of a criminal case under section 407 Cr.P.C. In view of the remedy available to the petitioner particularly under section 284 Cr.P.C and to avail of the witness protection, on the grounds as urged on her behalf, proceeding in Kotwali (Hindpiri) P.S Case No. 1102 of 2014 cannot be transferred within the Sessions Division, Seraikella-Kharsawan. 4. Accordingly, this transfer petition is dismissed, however, a liberty is reserved with the petitioner to approach the Senior Superintendent of Police, Ranchi by making an application seeking security and protection for her and if such an application is submitted before the Senior Superintendent of Police, Ranchi, he shall take appropriate decision, in the light of the attending circumstances of the case.