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2010 Supreme(SC) 791

R.M.LODHA, AFTAB ALAM
Jyoti Mishra – Appellant
Versus
Dhananjaya Mishra – Respondent


Advocate Appeared:
For the Petitioner:Anjani Kr. Mishra, Rajeev Kumar Bansal, Akshay K. Ghai, Sanjeev Bansal, Advocates.

Judgment

1. We have heard counsel for the petitioner.

2. No one appears for the respondent despite service of notice.

3. The petitioner is the estranged wife of the respondent. While still living with him at Hyderabad, she had filed a written report before the Station House Officer, P.S. Alwal, Secunderabad, that led to the institution of FIR No. 470/2009 dated September 09, 2009 under Section 498-A of the Penal Code citing her husband Dhananjaya Mishra (the sole respondent) and five others as accused. The Police, after investigation, submitted charge sheet and the proceedings against the accused are now pending before the VIth Metropolitan Magistrate, Cyberabad in CC No. 804/2009.

4. In the meanwhile, the petitioner left her husband at Hyderabad and came to live with her parents at Indore. She has filed this petition for transferring the criminal case pending before the VIth Metropolitan Magistrate, Cyberabad to a court of competent jurisdiction at Indore, Madhya Pradesh.

5. The first thing that needs to be noticed is that in the Transfer Petitions only the husband Dhananjaya Mishra is impleaded as respondent. The other accused in the criminal case are not made parties to these





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