1. The present application under Section 407 of the Code of Criminal Procedure has been preferred by the applicant herein – original complainant to transfer the proceedings of Criminal Case No.118 of 2010 pending in the Court of learned Judicial Magistrate, First Class, Umreth to the Court of learned Judicial Magistrate, First Class, Olpad.
2. The applicant herein – original complainant initially filed/lodged the complaint/FIR with Olpad Mahila Police Station for the offences punishable under Sections 498(A), 406, 420 and 114 of the Indian Penal Code as well as Sections 3 and 4 of the Dowry Prohibition Act. That the said FIR came to be transferred to Anand Mahila Police Station, which was numbered as C.R.No.I-77 of 2009. Thereafter, Investigating Officer filed charge-sheet against the accused persons in the Court of learned Judicial Magistrate, First Class, Umreth, which is being numbered as Criminal Case No.118 of 2010. That thereafter, the applicant has preferred the present application to transfer Criminal Case No.118 of 2010 from the Court of learned Judicial Magistrate, First Class, Umreth to the Court of learned Judicial Magistrate, First Class, Olpad by submitting that after she was deserted by her husband, she was residing at Olpad, District: Surat and it will not be possible for her to attend the Court proceedings at Umreth on each and every adjournments. Even otherwise also, it was not possible for her to meet with the financial expenditure and remain present in the Court at Umreth on each and every date of adjournments as she is not getting any maintenance from her husband, who is staying at U.K.. Therefore, considering the facts and circumstances of the case and looking to the inconvenience, which will be caused to the applicant, it is requested to transfer the proceedings of Criminal Case No.118 of 2010 from the Court of learned Judicial Magistrate, First Class, Umreth to the Court of learned Judicial Magistrate, First Class, Olpad.
3. Mr.Mansuri, learned advocate appearing on behalf of the respondents herein – original accused has tried to oppose the present application by submitting that false allegations are made in the application that respondent Nos.3 to 6 have given threats to the applicant while she was attending the court proceedings i.e. Criminal Case No.118 of 2010 at Umreth. It is submitted that as such the applicant is not remaining present in the Court proceedings at Umreth and, therefore, there was no question of giving any threats to the applicant by any of the respondents-accused, as alleged.
4. Mr.K.L.Pandya, learned Additional Public Prosecutor appearing on behalf of the respondent-State has requested to pass an appropriate order in the facts and circumstances of the case.
5. Heard learned advocates appearing on behalf of the respective parties at length. At the outset, it is required to be noted that the applicant herein-wife, who is alleged to have been deserted by the respondents more particularly by her husband, who is residing at UK, the applicant is staying at Olpad, District: Surat and the present proceedings are pending in the Court of learned Judicial Magistrate, First Class, Umreth, which is approximately 200 to 250 kms. away from the Olpad. For attending the Court proceedings at Umreth, the applicant has to get the train in the early morning; thereafter to reach to the Court at Umreth and thereafter after attending the Court at Umreth, she can reach her residence only in the night. Even for the transportation also, she is required to incur expenditure. It appears that the applicant is not getting any maintenance from the respondents more particularly her husband, who is residing at U.K. Considering the aforesaid facts and circumstances of the case, the applicant would be suffering greater hardship and inconvenience while attending the Court proceedings at Umreth. Considering the aforesaid facts and circumstances of the case, even if allegation made in the complaint that the concerned respondents have given threats to the applicant are not considered, this is a fit case to transfer the proceedings from the Court of learned Judicial Magistrate, First Class, Umreth to the Court of learned Judicial Magistrate, First Class, Olpad. The applicant will be suffering the greater hardship than the respondents if the proceedings are not transferred from the court of learned Judicial Magistrate, First Class, Umreth to the Court of learned Judicial Magistrate, First Class, Olpad. In the aforesaid facts and circumstances of the case, this Court is of the opinion that this is a fit case to exercise power u/s.407 of the Code of Criminal Procedure and transfer the proceedings from learned Judicial Magistrate, First Class, Umreth to the Court of learned Judicial Magistrate, First Class, Olpad.
6. In view of the above and for the reasons stated hereinabove, the present application succeeds and Criminal Case No.118 of 2010 pending in the Court of learned Judicial Magistrate, First Class, Umreth is hereby ordered to be transferred to the Court of learned Judicial Magistrate, First Class, Olpad from the stage where it is pending. Learned Judicial Magistrate, First Class, Umreth is hereby directed to send the papers of Criminal Case No.118 of 2010 to the court of learned Judicial Magistrate, First Class, Olpad forthwith. Rule is made absolute accordingly. Direct service is permitted.
*dipti [M.R.SHAH,J]