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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
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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
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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
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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.
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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.
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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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