IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.232 of 2018
1. Dhananjay Singh, son of LAte Madhusudan Singh, resident of
Village- Sher Bijulia, Police Station Biroul, District- Darbhanga,
at present Laxmi Nagar near Sub- post Office in the house of
Prof. Shashank Shekhar, P.S. L.N.M.U. District Darbhanga.
2. Smt. Kavita Devi, wife of Dhananjay Singh, resident of Village-
Sher Bijulia, Police Station Biroul, District- Darbhanga, at
present Laxmi Nagar near Sub- post Office in the house of Prof.
Shashank Shekhar, P.S. L.N.M.U. District Darbhanga.
… … Petitioner/s
Versus
Vijay Singh, son of Late Saligram Singh, resident of Village- Bela Simari,
Police Station- Gangaur, District- Khagaria.
… … Respondent/s
Appearance :
For the Petitioner/s : Mr. Shivendra Kumar Sinha, Advocate
For the Respondent/s : Mr. Amrit Abhijat, Advocate
CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
ORAL ORDER
4 16-08-2018 Heard learned counsel for the petitioners and learned
counsel representing the opposite party.
This application has been filed seeking transfer of the
Guardian and Wards Case No. 3 of 2017 filed by the opposite
party which is pending in the court of learned Principal judge,
Khagaria to the court of learned District Judge, Darbhanga.
The grounds set forth in the petition for seeking
transfer is based on an apprehension of the petitioners that it
would not be safe for them to visit the court of Khagaria to
contest this case brought by the opposite party. Reference has
been made to the allegations which were the subject matter of
Patna High Court MJC No.232 of 2018(4) dt.16-08-2018
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investigation in L.M.N.U. P. S. Case No. 18 of 2017 wherein it
was alleged that the opposite party had, in fact, killed the
daughter of the petitioners. It is submitted that even though the
Police upon investigation of the case submitted a final report
saying that the allegations were not found true and the report of
the Investigating Agency has been accepted by the learned Chief
Judicial Magistrate, Darbhanga, the present petitioners are
contesting the issues before this Court. It is submitted that the
three children of the deceased daughter of the petitioners are
residing with the petitioners and therefore, in the given facts and
circumstances of the case, it would be just and proper to transfer
the case from Khagaria to Darbhanga.
On the other hand, learned counsel representing the
opposite party submits that, in fact, the Police has investigated
the first information report lodged by the petitioner no. 1 and on
the basis of the apparent evidence which has been collected by
the Investigating Agency, a final report was submitted
exonerating the opposite parties from the charges levelled
against them. Learned counsel has drawn the attention of this
Court towards order dated 12.10.2017 passed in Guardianship
Case No. 12 of 2017 by the learned Principal Judge, Family
Court, Darbhanga which is Annexure-R/c to the counter
Patna High Court MJC No.232 of 2018(4) dt.16-08-2018
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affidavit filed on behalf of opposite party. Learned counsel
submits that Guardianship Case brought by the petitioner was
rejected by specifically recording the findings against the
petitioners. The fact remains that the order dated 12.10.2017
was never challenged by the petitioners and the same has
attained finality. It is submitted that in view of the findings
recorded therein, it would not be safe for this Court to direct
transfer of the case from Khagaria to Dharbhanga at the instance
of the petitioners.
Having heard learned counsel for the petitioners and
learned counsel for the opposite party and on perusal of the
record, this Court finds that the only ground on which the
transfer has been sought is the apprehension of the petitioners
that it would not be safe going to Khagaria to contest the present
case which has been brought by the opposite party. The reason
for such apprehension is that the petitioner no. 1 had lodged first
information report against the opposite party for the alleged
killing of his daughter. It is not in dispute that upon
investigation the said case has been closed by the Police saying
that the allegations against the accused perons were not found
true. Report has been accepted by the learned Chief Judicial
Magistrate, even though the petitioners are contesting the order
Patna High Court MJC No.232 of 2018(4) dt.16-08-2018
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passed by the learned Chief Judicial Magistrate before this
Court, for the present the Court will only take note of the fact
that in investigation nothing could be found against the opposite
party. The apprehension of the petitioners has, thus, no basis to
stand. After going through the order passed in Guardianship
Case No. 12 of 2017, this Court finds that in well reasoned and
speaking order the learned Principal Judge, Family Court,
Darbhanga has inter alia recorded:
“…… Therefore, asking relief for
declaration of Guardianship and for
appointment of legal Guardian under
the Guardians and Wards Act, 1890,
including other Provisions is asking
under the garb of dealing with the
future prospect of the property/assets
left by the deceased parents of the
minor children in question and as
such, it is clearly apparent that there is
complete essence of dealing with the
matter in issue of property of the
minor children names mentioned
earlier and it seems that there is relief
amplicit of the fact related to property
of the minor children in question……”
In the aforesaid findings which has not been
challenged by the petitioners coupled with the fact that the
Patna High Court MJC No.232 of 2018(4) dt.16-08-2018
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apprehension of threat has not been prima facie proved, this
Court would not be inclined to grant reliefs prayed in this writ
application.
This application has no merit. It is accordingly,
dismissed.
(Rajeev Ranjan Prasad, J)
avin/-
U