Court No. - 70
Case :- TRANSFER APPLICATION (CRIMINAL) No. - 234 of 2020 Applicant :- Smt. Pooja Devi Opposite Party :- State Of U.P. And 5 Others Counsel for Applicant :- Rajesh Kumar Counsel for Opposite Party :- G.A.
Hon'ble Mohd. Aslam,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
None appeared on behalf of opposite party Nos.2 to 6 in spite of service of notice.
The application has been moved by the applicant Pooja Devi for transfer of Case No.410 of 2019 (State Vs. Mukesh Kumar and others), arising out of Case Crime No.134 of 2018, under Sections 498A, 323 I.P.C. and 3/4 Dowry Prohibition Act, Police Station- Kadaura, Dstrict- Jalaun pending in court of Judicial Magistrate Kalpi District Jalaun to the competent court of District Banda or in any other competent court of nearby District.
It is argued that applicant has lodged a first information report against opposite party nos.2 to 6 in Case Crime No.134 of 2018, under Sections 498A, 323 I.P.C. and 3/4 Dowry Prohibition Act, Police Station- Kadaura, Dstrict- Jalaun. The applicant is scheduled caste lady. After investigation in the said case, the police submitted charge-sheet against opposite party nos.2 to 6 in the court of Judicial Magistrate Kalpi for cognizance and registered as Criminal Case No.410 of 2019, and notice has been issued against accused persons/opposite party nos.2 to 6. The applicant is legally wedded wife of opposite party no.2. Whenever the applicant used to visit to attend the trial of the case, she has been encircled by associates of opposite party nos.2 to 6 and threatened her to meet consequences and will kill her if she will prosecute the case. She had made a complaint in this regard at concerned police station as well as to Superintendent of Police, Jalaun. The marriage of the applicant with opposite party no.2 was solemnized as per Hindu rites and rituals on 21.5.2013 and sufficient dowry was given at the time of marriage. The opposite party no.2 is a businessman having shop in the locality and agricultural land, he is earning about one lac rupees per month. The opposite party no.2, by deceitful means, left her several times to her maternal house and threatened to bring her back on fulfillment of demand of dowry. The opposing party no.2 repeatedly demanded motorcycle and cash in dowry, but it could not be fulfilled. On account of which, she was assaulted, maltreated by her husband and members of in laws. The opposing party no.2, now threatening to murder her on mobile phone, she has great apprehension that she will be murdered or grievous injury be caused upon her by her husband. In above circumstances, she could not pursue her case at Kalpi at Jalaun, therefore, she has moved this application under Section 407 of Cr.P.C. for transfer of the said case to the competent court of district Banda.
Learned A.G.A. has not opposed this transfer application.
The opposite party nos.2 to 6, in spite of service of notice, have not appeared.
From perusal of Annexure-1, it is evident that the applicant has lodged first information report against opposite party nos.2 to 6 on 31.5.2018 at Police Station- Kadaura registered as F.I.R. No.0134 of 2018 under Sections 498A, 323 I.P.C. and 3/4 of Dowry Prohibition Act. From perusal of Annexure-2, it also transpires that she has moved an application before Superintendent of Police at Jalaun regarding threatening when she used to go to attend her case. Further perusal of Annexure- 4, it transpires that a Case No.410 of 2019 (State Vs. Mukesh Kumar and others), arising out of Case Crime No.134 of 2018, under Sections 498A, 323 I.P.C. and 3/4 Dowry Prohibition Act, Police Station- Kadaura, Dstrict- Jalaun pending in court of Judicial Magistrate Kalpi District Jalaun for appearance of opposite party nos.2 to 6. The applicant is helpless lady. She could not pursue her criminal case from Jaspura, District Banda, particularly in the circumstances when she has lodged a case against her husband and member of her in-laws. The opposite party nos.2 to 6 have not filed any objection against the transfer application in spite of service. In above circumstances and keeping in view the law laid down by Hon'ble Supreme Court in the case of "Sumita Singh Vs. Kumar Sanjay AIR 2002 SC 396" where it is held that in cases between husband and wife, convenience of wife should be looked into, and the case be transferred to the court where wife can conveniently pursue the case.
In view of above, the transfer application is allowed and the Criminal Case No.410 of 2019 (State Vs. Mukesh Kumar and others), arising out of Case Crime No.134 of 2018, under Sections 498A, 323 I.P.C. and 3/4 Dowry Prohibition Act, Police Station- Kadaura, Dstrict- Jalaun pending in court of Judicial Magistrate Kalpi District Jalaun is transferred to the Court of Chief Judicial Magistrate, Banda within a period of four weeks from today.
Office is directed to transmit the copy of this order to the concerned courts for necessary compliance.
With above direction, the transfer application is disposed of.
Order Date :- 21.9.2021 Anil K. Sharma