Heard Mr.Mrugen Purohit, learned advocate for the applicant and Mr.K.P.Raval, learned Additional Public Prosecutor for the respondent no.8-State. Respondent Nos.1 to 7 have chosen not to remain present though served.
The instant application is filed by the applicant requesting that Criminal Case No.7273 of 2003, which is at present pending in the Court of learned Judicial Magistrate First Class, Jamnagar, may be transferred to the Court of learned Judicial Magistrate First Class, Rajkot.
Mr.Mrugen Purohit, learned advocate for the applicant submitted that pursuant to the F.I.R. filed by the applicant against the respondent nos. 1 to 7 regarding commission of offence punishable under sections 498(A), 323 and 120 of the Indian Penal Code and Section 3 and 5 of the Dowry Prohibition Act, at the end of investigation, the police filed a charge-sheet in the Court of learned Judicial Magistrate First Class, Jamnagar, which was registered as Criminal Case No.7273 of 2003.
Mr.Mrugen Purohit, learned advocate for the applicant submitted that maintenance proceeding was filed by the applicant in the Court of learned Judicial Magistrate First Class, Rajkot, and even the execution petition under Section 125(3) of the Code of Criminal Procedure is filed in Rajkot Court.
Mr.Mrugen Purohit, learned advocate for the applicant, upon instruction, submitted that in the aforementioned criminal case, till today, not a single witness is examined by the learned Judicial Magistrate First Class, Jamnagar, and except two panchas, all the witnesses are hailing from Rajkot. That the permanent residence of the applicant-complainant is in Rajkot and hence, it would be convenient to the petitioner wife if the case is transferred to Rajkot Court.
In the above view of the matter, this Court is of the opinion that, it would be in the interest of justice, if the application is allowed and the criminal case is ordered to be transferred from the Court of learned Judicial Magistrate First Class, Jamnagar, to the Court of learned Chief Judicial Magistrate , Rajkot.
For the foregoing reason, the application is allowed and Criminal Case No.7273 of 2003, which is pending in the Court of learned Judicial Magistrate First Class, Jamnagar,is ordered to be transferred to the Court of learned Chief Judicial Magistrate, Rajkot. Direct service is permitted.
(J.C.UPADHYAYA,J.) Girish Top