1. The present Criminal Miscellaneous Application under Section 407 of the Code of Criminal Procedure has been preferred by the applicant-original accused to transfer the Complaint, being Criminal Case No. 9498/2007 pending in the Court of learned Chief Judicial Magistrate, Jamnagar to the Court of learned Chief Judicial Magistrate, Dahod.
2. Shri P.V. Pataliya, learned advocate has stated at the bar that he has instructions to appear on behalf of respondent no.
2 and he has filed his Vakalatnama in the Department on behalf of respondent no. 2. He has also stated at the bar that respondent no. 2 is personally present in the Court and under instructions from respondent no. 2, who is also residing at present at Dahod, he is stating at the bar that she has no objection if Criminal Case No. 9498/2007 pending in the Court of learned Chief Judicial Magistrate, Jamnagar is transferred to the Court of learned Chief Judicial Magistrate, Dahod.
3. In view of the above, the present application is allowed and the Complaint, being Criminal Case No. 9498/2007 pending in the Court of learned Chief Judicial Magistrate, Jamnagar is ordered to be transferred to the Court of learned Chief Judicial Magistrate, Dahod and the learned Chief Judicial Magistrate, Jamnagar is hereby directed to send the papers of the Complaint, being Criminal Case No. 9498/2007 to the Court of learned Chief Judicial Magistrate, Dahod at the earliest. Rule is made absolute to the aforesaid extent.
Direct service is permitted.
(M.R. SHAH, J.) siji