Rowena W/O. Amrinder Singh vs Amrinder S/O. Darshan Singh And … on 14 September, 2017

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR

CRIMINAL APPLICATION (APPLN) NO.13 OF 2017

Rowena w/o Amrinder Singh,
Aged about 35 years, Occupation Nil,
R/o House of Pritpal Singh, 15,
Vidyanagari Society, Near Mount
Carmel Convent, Opp. Madhuban
Plaza Shopping Complex,
Chandrapur. ….. Applicant.

:: VERSUS ::

1. Amrinder s/o Darshan Singh,
Aged about 35 years, Occupation Service.

2. Darshan Singh s/o Nihal Singh, Aged
about 67 years, Occupation Retired.

3. Surjit Kaur Darshan Singh, Aged
about 60 years, Occupation Housewife.

Respondent Nos.1 to 3, All R/o Flat
No.201, Plot No.33, Shreeji Heights,
Sector-18, Kharghar, Navi Mumbai,
District Raigad.

4. Gurjit Kaur Sanhotra, Aged about 43
Years, Occupation Housewife, R/o Room
No.71, New MHADA Colony, Meera

…..2/-

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Road, Mumbai. Present address:
Flat No.201, Plot No.33, Shreeji
Heights, Sector-18, Kharghar, Navi
Mumbai, District – Raigad.

5. State of Maharashtra, through Police
Station Officer, Police Station Kharghar,
Navi Mumbai. ….. Non-applicants.

Shri Rohit Joshi, Counsel for the applicant.
Shri C.B. Dharmadhikari, Counsel for non-applicant Nos.1 to 4.
Shri T.A. Mirza, Addl.P.P. for the State.

CORAM : V.M. DESHPANDE, J.
DATE : SEPTEMBER 14, 2017.

ORAL JUDGMENT

1. Rule. Rule is made returnable forthwith. Heard

finally by consent of learned counsel for the parties.

2. This is an application for transfer of Regular

Criminal Case No.500055 of 2017 pending on the file of learned

Judicial Magistrate First Class at Panvel to the competent

Court having jurisdiction at Chandrapur.

3. The applicant is wife of non-applicant No.1 whose

…..3/-

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marriage was solemnized on 21.11.2011. The couple was

blessed with a daughter by name Palak. Undisputedly, Palak

is residing with the applicant.

4. According to the applicant, in the year 2014 non-

applicant No.1 started harassing the applicant and started

making demand of Rs.8.00 lacs to purchase a flat. According

to the case of the applicant, the said amount was paid.

However, non-applicant No.1 continued his habit of raising

demand of money from the parents of the applicant. The

certain amounts were also transferred in the bank account of

non-applicant No.1 by the father of the applicant either

though cheques or through RTGS. The huge amount was

transferred in the account of non-applicant No.1.

5. It is stated that in the year 2015, the applicant

developed serious heart ailment. Not only that, she suffered

from Cardiac Arrest. However, her heart was revived by

…..4/-

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giving electric shocks when was admitted at Fortis Hospital at

Vashi, Navi Mumbai. It is stated that an AICD device with

Pace Maker is also required to be implanted in the heart of

the applicant. Despite this, serious harassment was caused at

the hands of the non-applicants. Not only that, as per the

allegations of the applicant, the applicant was exploited to

extreme sex exploitation. Resultantly, the applicant sent her

complaint with Police Station Kharghar on 5.7.2016 by the

Registered Post with Acknowledgement Due and also on

9.7.2016 the report was lodged at Ramnagar Police Station,

Chandrapur. The report, as filed by the applicant, since was

disclosing cognizable offence, an offence vide Crime No.00/16

was registered at Police Station Ramnagar, Chandrapur for

the offences punishable under Section 498A read with Section

34 of the Indian Penal Code and Sections 3 and 4 of the Dowry

Prohibition Act, 1961. The said FIR was transferred to Police

…..5/-

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Station Kharghar. The investigating agency, thereafter,

investigated the report and filed the final report bearing

No.16 of 2017 on 23.1.2017 in the Court of learned Judicial

Magistrate First Class at Panvel for the offences punishable

under Section 498A read with Section 34 of the Indian Penal

Code and Sections 3 and 4 of the Dowry Prohibition Act, 1961.

The case is registered as Regular Criminal Case No.500055 of

2017 on the file of learned Judicial Magistrate First Class at

Panvel.

6. The applicant seeks transfer of this criminal case

from the file of learned Judicial Magistrate First Class at

Panvel to the Court at Chandrapur. The applicant principally

seeks transfer on the ground of her medical problem. Along

with compilation at page No.147 which is described as

“Annexure-I”, the applicant has given brief summary of her

medical treatment both at Navi Mumbai (matrimonial house)

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and at her parental house. All documents and list of the

documents are at page No.149 of the compilation. It is stated

that since 7.7.2017 onward the applicant is residing with her

parents at Chandrapur.

7. The application is opposed by the non-applicants

by filing their reply. The gist of the submission of learned

counsel for the non-applicants is that if the case is transferred

from Panvel to Chandrapur, the non-applicants will face

difficulties. Further, learned counsel has placed reliance on

the judgment of the Honourable Apex Court in the case of

Jyoti Mishra ..vs.. Dhananjaya Mishra reported at [2010]10

SCR 229. According to submission of learned counsel, the

criminal case filed against the non-applicants by the applicant

is a State case and thus it is baby of the State and the State is

there to take the care of its baby. He, therefore, submitted

that the application be rejected.

…..7/-

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8. During the course of hearing, this Court has made

a pointed question to learned counsel for the non-applicants

about claim of the applicant about her ill-health to which in

all fairness learned counsel for the non-applicants submitted

that the applicant is suffering from serious ailment and the

non-applicants are not disputing Annexure-I compilation at

page No.147 onward and all the documents therein. Thus, it is

clear that the applicant is suffering from serious heart

problem. Not only that, she had suffered from Cardiac Arrest

also. However, only with the grace of Goa, her life was

revived.

9. Admittedly, the applicant is residing at

Chandrapur. Looking to the distance from Chandrapur to

Mumbai, in my view, hardship is bound to be her in view of

her medical problem if she is asked to undergo journey from

Chandrapur to Mumbai.

…..8/-

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10. No doubt, the criminal case is a State case.

However, the applicant is the main witness of the prosecution

case. Not only that, the other witnesses are her parents are

also residing at Chandrapur. Therefore, though it is the State

case and though the State is there to take the care of its own

case, the Court cannot be oblivious to the fact that in fact it is

complainant, i.e. the present applicant, who has to depose

from the witness box before the Court. In this backdrop, I am

of the view that the case cited supra is helpful to the non-

applicants.

11. Further, it is to be noted that the domestic

violence proceedings are also filed by the applicant at

Chandrapur. Those proceedings were sought to be

transferred by the non-applicants by filing two different

applications before this Court and today itself after hearing

both the parties, those two applications were rejected by this

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Court.

12. Looking to the serious medical ailment which the

applicant is suffering and since she is the main witness of the

prosecution case, in my view, the applicant has made out a

case for transfer of criminal case pending on the file of

learned Judicial Magistrate First Class at Panvel to

Chandrapur. Resultantly, I pass the following order:

ORDER

i) The criminal application is allowed.

ii) Regular Criminal Case No.500055 of 2017,

pending on the file of learned Judicial Magistrate

First Class at Panvel for the offences punishable

under Section 498A read with Section 34 of the

Indian Penal Code and Sections 3 and 4 of the

Dowry Prohibition Act, 1961, is hereby directed to

…..10/-

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be transferred from the said Court to the file of

learned Chief Judicial Magistrate at Chandrapur.

iii) Learned Chief Judicial Magistrate at

Chandrapur should either try the case or it will be

in his domain to allot the said case to any other

learned Judicial Magistrate First Class.

iv) The non-applicants need not attend the Court

on every date and they can be represented

through their lawyers. However on the material

date, the non-applicants shall attend the Court at

Chandrapur.

13. With these observations, the criminal application

is allowed. Rule is made absolute.

JUDGE

!! BRW !!

…../-

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