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2019 DIGILAW 84 (JHR)

Nikita Prasad @ Niki Debi @ Khetan, W/o- Sanjay Kumar Khaitan v. State Of Jharkhand

2019-01-09

SHREE CHANDRASHEKHAR

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JUDGMENT Shree Chandrashekhar, J. - The petitioner seeks transfer of Basant Rai P.S. Case No. 93 of 2017 corresponding to G.R. Case No. 1753 of 2017 which was initially instituted as Dumka Mahila P.S. Case No. 7 of 2017. 2. Marriage of the petitioner with O.P. No. 2 was solemnised on 17.04.2016 and immediately after the marriage her husband and his family members started threatening her. The petitioner has alleged that on 31.08.2017 her husband tried to set her on fire due to which she sustained injury in her hands, neck, stomach and thigh etc. On her written report, Dumka Mahila P.S. Case No. 7 of 2017 was registered which subsequently has been transferred within the jurisdiction of Godda court. After investigation the police has submitted final form on 19.12.2017 against O.P. No. 2 for the offence punishable under Section 498A IPC. The petitioner has pleaded that she has no independent source of income and, infact, she is on the verge of starvation. Her husband, who deceived her to enter into the compromise during mediation for seeking bail, has not honoured the terms of the compromise and failed to maintain her due to which the petitioner is unable to prosecute the case. She has also alleged that O.P. No. 2 has threatened her and the witnesses due to which they are not ready to depose in the court. 3. Mr. Purnendu Kumar Jha, the learned counsel for the O.P. No. 2 has vehemently opposed this transfer petition. 4. There are as many as 21 witnesses cited in the charge-sheet, out of which 5 witnesses are residents of a place within the district of Dumka. The witnesses have not been made parties in the present proceeding. The nature of allegation levelled against O.P. No. 2 indicates that the place of occurrence is mainly at the places within the Godda district. On the ground that O.P. No. 2 has stopped paying to the petitioner due to which she is unable to prosecute the case, the criminal case cannot be transferred from one place to another. In so far as the threat issued to the petitioner and other witnesses is concerned, the petitioner has not pleaded that on such allegation complaints have been made (sanha) to the police. In so far as the threat issued to the petitioner and other witnesses is concerned, the petitioner has not pleaded that on such allegation complaints have been made (sanha) to the police. In any case the petitioner who apprehends threat from O.P. No. 2 may apply for her examination on commission by filing an application under Section 284 Cr.P.C. 5. In view of the aforesaid facts, I am not inclined to entertain this petition and accordingly, Transfer Petition (Crl.) No. 7 of 2018 is dismissed, however, with liberty to the petitioner to avail of remedy as available to her for her examination during the trial of G.R. No. 1753 of 2017.