1.0 Present Criminal Miscellaneous Application under Section 407 of the Code of Criminal Procedure has been preferred by the petitioner hereinoriginal complainant to transfer the criminal case No.7618 of 2003 from the Court of learned JMFC, Ahmedabad(Rural), Mirzapur at Ahmedabad to the Court of learned JMFC, Gandhinagar.
2.0 At the outset, it is required to be noted that at the relevant time the petitioner apprehended the danger to her life and in fact the said apprehension was substantiated by one incident which happened in the Court at Ahmedabad (Rural) Mirzapur at Ahmedabadaa. It is also required to be noted that as such one another proceedings between the parties which was as such filed by respondent no.2 husband has been transferred from the Family Court No.2, Jaipur to District Judge, Gandhinagar by the Hon'ble Supreme Court.
3.0 Under the circumstances and considering the facts and circumstances of the case and the apprehension by the applicant, the prayer of the petitioner to transfer the criminal case No.7618 of 2003 from the Court of learned JMFC, Ahmedabad(Rural), Mirzapur at Ahmedabad to the Court of learned JMFC, Gandhinagar deserves consideration. At this stage, Shri Sadhvani, learned advocate for the contesting respondent has submitted that in that case, a liberty be reserved in favour of concerned respondent to submit an appropriate application for exemption as two of them are senior citizens.
4.0 In view of the above and in the facts and circumstances of the case, present application is allowed and the Criminal Case No.7618 of 2003 pending in the Court of learned JMFC, Ahmedabad (Rural) Mirzapur at Ahmedabad is ordered to be transferred to the Court of learned JMFC, Gandhinagar and the learned JMFC, Gandhinagar to proceed further with the hearing of the said case from the stage where it was pending in the Court of learned JMFC, Ahmedabad (Rural) and in accordance with law and on its own merits. It will be open for the concerned accused who are reported to be senior citizens to submit appropriate application for exemption and the same be considered by the learned Magistrate in accordance with law and on its own merits and on being satisfied that in their absence trial may be proceeded further and their absence may not come in the way of the learned Magistrate in proceeding further with the trial. Learned JMFC, Ahmedabad (Rural) Mirzapur at Ahmedabad is hereby directed to transfer the aforesaid criminal case to learned JMFC, Gandhinagar at the earliest but not later than two weeks from the date of receipt of present order as the criminal case is of the year 2003. Registry is directed to send the writ of this order to the Court of learned JMFC, Ahmedabad (Rural), Mirzapur at Ahmedabad at the earliest. Rule is made absolute to the aforesaid extent. Direct service is permitted.
sd/ (M.R.SHAH,J.) kaushik