R/CR.MA/27494/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR TRANSFER) NO. 27494 of 2017
TRUPTIBEN W/O BHAVESHBHAI PARMAR AND D/O BIPINBHAI
MAKWANA….Applicant(s)
Versus
BHAVESH JAGDISHBHAI PARMAR 5….Respondent(s)
Appearance:
MR RJ GOSWAMI, ADVOCATE for the Applicant(s) No. 1
DS AFF.NOT FILED (N) for the Respondent(s) No. 2 – 5
MS. NILI S SHAH, ADVOCATE for the Respondent(s) No. 1
MS MOXA THAKKAR, APP for the Respondent(s) No. 6
CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date : 19/12/2017
ORAL ORDER
1 Rule returnable forthwith. Ms. Moxa Thakkar, the learned A.P.P.
waives service of notice of rule for and on behalf of the respondent No.6
State of Gujarat. Ms. Nili Shah, the learned advocate has entered
appearance on behalf of the respondents Nos.1, 2, 3, 4 and 5 original
first informant and waives service of notice of rule.
2 By this application, the applicant – original first informant has
prayed for the following reliefs:
“16(A) To allow the Criminal Case No.2235/16 pending in the
Court of Hon’ble Judicial Magistrate First Class, at Botad, Dist: Botad to
the Metropolitan Magistrate, Ahmedabad arising out of an FIR bearing I
C.R. No.220 of 2016 bearing registered with Botad Police Station, AtPage 1 of 3
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R/CR.MA/27494/2017 ORDERBotad, Dist Botad.
(C) Pending admission, final hearing and disposal of this application to
stay the further proceedings of the Criminal Case No.2235/16 pending in
the court of Hon’ble Judicial Magistrate First Class, at Botad, Dist: Botad
arising out of the FIR ICR.. No.220 of 2016 being registered with Botad
Police Station, at Botad, Dist Botad.
(D) To pass any other and further orders as may be deemed fit and
proper.”
3 It is the case of the applicant that she got married with the
respondent No.1 herein on 26th January 2011. In the wedlock, a son
named ‘Meet’ was born on 13th October 2015. After marriage, the
applicant started residing in a joint family at her matrimonial home. It is
her case that soon after the birth of the son, the respondents herein
started treating her cruelly and caused lot of harassment at her
matrimonial home. In such circumstances, she lodged an F.I.R. being I
C.R. No.220 of 2016 for the offence punishable under Sections 498A and
323 read with 114 of the Indian Penal Code. At the end of the
investigation, the police filed chargesheet, which culminated in the
Criminal Case No.2235 of 2016 pending as on date in the Court of the
Judicial Magistrate First Class, Botad District: Botad. According to the
applicant, she is residing in Ahmedabad at Vejalpur. She has rented a
flat at Vejalpur. It is also the case of the applicant that the husband has
forcibly taken away the custody of the minor son. Having regard to the
circumstances narrated in the application, it is prayed that the trial of
the Criminal Case No.2235 of 2016 pending as on date in the Court of
the Judicial Magistrate First Class, Botad be transferred to the Court of
the Metropolitan Magistrate, Ahmedabad.
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R/CR.MA/27494/2017 ORDER
4 Having heard the learned counsel appearing for the parties and
having considered the materials on record, I am of the view that having
regard to the peculiar facts and circumstances of the case, the applicant
is entitled to the relief as prayed for.
5 In the result, this application is allowed. The Criminal Case
No.2235 of 2016 pending in the Court of the Judicial Magistrate First
Class, Botad is ordered to be transferred to the Court of the Metropolitan
Magistrate, Ahmedabad. Rule is made absolute. Direct service is
permitted.
(J.B.PARDIWALA, J.)
chandresh
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