IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36192 of 2018
Arising Out of PS. Case No.-350 Year-2010 Thana- COMPLAINT CASE District- Supaul
Reena Jha wife of Sri Ashish Jha, daughter of Sri Amrendra Jha, At present
residing Krihnanagar, Bataraha Ward No.23, Saharsa District- Saharsa.
… … Petitioner
Versus
1. The State of Bihar
2. Ashish Jha, Son of Bhavnath Jha,
3. Bhavnath Jha, Son of Late Nirsan Jha,
Both serial no.2 and 3 are residing in Quarter no. 0119 Post Sakeepur Delta-
3, Greater Noida, Janpath, District- Gautam Budh Nagar U.P.
… … Opposite Parties
Appearance :
For the Petitioner : Mr. Durga Nand Jha
For the Opposite Parties : Mr. Prem Kumar Jha
CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA
C.A.V. JUDGMENT
Date : 04-07-2019
This application has been filed for transfer of
Complaint Case No.350 of 2010 from the court of ACJM, Birpur
to any competent court either at Saharsa or Madhepura for trial.
2. The fact giving rise to this application is that a
complaint petition was filed by the petitioner making allegation
that she was subjected to cruelty- both mentally and physically,
and sent back to her native village on 24.8.2006 and when she
again went to her matrimonial home, Rs.10 lac was demanded
from her. In the meantime, she became pregnant and she was sent
back to her parental home; where she gave birth to a female child
and several attempts were made by the petitioner to return to her
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matrimonial house but that failed. Further case is that on
28.2.2010, husband of the petitioner came to her native place and
pressurized her to put sign on an agreement prepared for the
purpose of dissolution of the marriage as the demand of the dowry
was not fulfilled. On the basis of that Complaint Case No.350 of
2010 was registered under Section 498A, Section379/Section34 of the Indian
Penal Code (hereinafter to be referred as ‘the SectionIPC’) and Sections
3/Section4 of the Dowry Prohibition Act (hereinafter to be referred as ‘the
D.P. Act’) against O.P.no.2 and others and the same is pending
before the court of ACJM, Birpur.
3. Now the present case has been filed for transfer of
the same from the court of ACJM, Birpur to the Sessions Division
of Saharsa or to any other court of competent jurisdiction on the
ground, apart from other grounds that the learned ACJM, Birpur is
influenced by the husband of the petitioner and in support of that
submission has been made in para 12 to 14 of petition that in spite
of the fact that the petitioner was absconder for ten months, on his
appearance, he was granted bail by the learned ACJM, Birpur on
condition that he would remain present on the next date, vide order
dated 21.2.2018 but again on next date i.e. 17.3.2018, he was not
present and the petitioner made prayer to cancel the bail bond of
the petitioner for violation of order dated 21.2.2018 but he always
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filed petition under Section 317 Code of Criminal Procedure
(hereinafter to be referred as ‘the SectionCr.P.C.’), which always was
accepted by the court, as such the petitioner has reasonable
apprehension that she would not get justice from the court of
ACJM, Birpur.
4. Second ground for transfer of the case is that at
present the petitioner is residing with her father at Saharsa to
provide better education of her daughter and her father is also
suffering from several ailments, as such he is not in a position to
accompany her to Birpur on every date, furthermore, the petitioner
is not receiving single penny as maintenance, in such a situation, it
is very difficult for her to participate in the proceeding regularly at
Birpur, hence, she has prayed for transfer of the application in the
interest of justice to Saharsa, which will not cause any
inconvenience to the O.P.no.2 as he is residing at Greater Noida.
On the above ground this application has been filed for transfer.
5. On the other hand, O.P.no.2 has appeared and
submitted that no grounds for transfer have been fulfilled,
moreover, the court of ACJM, Birpur has territorial jurisdiction of
this case, as on the basis of the materials in the complaint petition
as even according to the petitioner, she was residing at her parental
house at Pratap Garh and witnesses are also of Pratap Garh within
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the jurisdiction of Birpur court as well as the case is fixed for
hearing on the point of charge and so far allegation against the
court is concerned, it has been submitted on behalf of O.P.no.2 that
this has only been made with an intention to pressurize the court
by O.P.no.2. On the above submission, learned counsel for
O.P.no.2 has submitted that this transfer application is devoid of
any merit and it is fit to be dismissed..
6. Heard both sides and perused the application for
transfer as well as counter affidavit filed by the O.P.no.2 and the
supplementary affidavit filed by the petitioner, in which the
petitioner has come with a plea that now she is residing at Saharsa
for better education of her daughter and also for her medical
treatment, which she has stated on oath in para 6 of the
application, in support of that documents have been filed, which
are annexed as Annexed 6 (series). The case of the petitioner is
also that her father is very old and sick and can not accompany the
petitioner from Saharsa to Birpur regularly, which is 105 km.
Away..
7. The above fact has not been controverted by the
O.P.no.2 . Apart from that some aspersion has also been made
against the learned ACJM, Birpur that he is under influence of O.P.
No.2, as such she would not get justice from the court of ACJM,
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Biropur. Above aspersion against the court does not appear
convincing. However, further ground is that she is residing at
Saharsa considering the need of education and medical need of
her daughter and her father is an old aged persons having various
ailments, he is enable to accompany her to Birpur regularly. In
view of the fact I find that the prayer for transfer of this case
appears to have some merit. Furthermore, if the case is transferred
to Saharsa, no inconvenience can be caused to O.P. No.2 as he is
residing at Noida and it will not make any difference to him to
attend the court at Saharsa instead of Birpur.
8. Considering the above facts as stated above, this
application is allowed.
9. Let this Complaint Case No.350 of 2010 pending
in the court of ACJM, Birpur be transferred to the court of sessions
Division of Saharsa to be assigned to any competent court of the
Sessions Judge.
10. The learned ACJM, Birpur is directed to send all
the records of the case at once to the Sessions Division of Saharsa,
which shall be sent to the court who will be assigned with this
case.
11. At the same time, as it is a matter of the year, 2010,
the learned court, which would be assigned the case by the
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Sessions Judge to expedite the proceeding once the record has
been received and try to conclude the same as expeditiously as
possible.
12. Needless to say that both the parties have to co-
operate in disposal of the same.
(Vinod Kumar Sinha, J)
chn/-
AFR/NAFR AFR
CAV DATE 18/06/2019
Uploading Date 04/07/2019
Transmission Date 04/07/2019