ORDER :

Hanchate Sanjeev Kumar, J.

1. The petitioner has filed the present writ petition under Articles 226 & 227 of the Constitution of India R/w Section 482 of the Code of Criminal Procedure with following prayer.

To issue a writ of mandamus and grant any other appropriate writ in the following terms:-

(A) Direct the respondent No. 3 and 4 to retransmit the entire case file registered in Crime No. 206/2020 dated 25.07.2020, registered for the commission of offences punishable under Sections 498A, 504, 323, 506 R/w Sec. 34 of IPC & Sec. 3 & 4 of D.P. Act, pending on the file of Civil Judge & JMFC (Jr. Dn.) court at Shahapur to respondent No. 5 & 6 police station at Ballad, consequently direct the respondents No. 5 & 6 to reopen the FIR registered in Crime No. 82/2020 and investigate accordingly, Vide Annexure-C & A.

(B) Such further order other reliefs be granted to he petitioners to which the petitioner would be found entitled to on the facts and circumstances of the case.

2. It is stated that the petitioner was given in marriage to the one Shashikantha Ikur and after marriage the petitioner went to her husband's house at Shahapur to lead marital life. It is alleged that the petitioner was subjected to cruelty both physically and mentally and without tolerating the same the petitioner was constrained to leave her husband's house and has taken shelter in her parents' house at Bellary as Bellary is the native place of her parents. Then the petitioner had lodged complaint before the Bellary Women Police Station as against her husband and her in-laws which was registered as crime No. 82/2020 dated 15.06.2020 by the Bellary Women Police Station. Thereafter, the Bellary Women Police Station officers have transferred the present complaint and FIR registered in Crime No. 82/2020 of Bellary Women Police Station, to the Shahapur Police Station, District Yadgir, therein crime is registered as Crime No. 206/2020 of the Shahapur Police Station as against her husband and her in-laws, on the ground that the husband and in-laws of the petitioner are resident of Shahapur town. Therefore on this ground, the complaint and FIR lodged by the petitioner in Bellary was transferred to the Shahapur Police Station.

3. The petitioner being aggrieved by the transfer of the complaint and FIR from Bellary Women Police Station to Shahapur Police Station, the present petition is filed.

4. The learned counsel for the petitioner vehemently submitted that the transfer of the complaint and FIR from Bellary Women Police Station to Shahapur Police Station on the ground the husband and in-laws of the petitioner are resident of Shahapur is not correct as the allegation made by the petitioner in the complaint submitted before the Bellary Women Police Station are having continuing effect and the petitioner is under shelter of her parents at Bellary town. Then the husband and in-laws of the petitioner have continued the ill-treatment and even after the petitioner gave birth to female child in Bellary, the husband and in-laws of the petitioner over phone had abused and scolded in a filthy language. Therefore, the allegation of cruelty alleged against husband and in-laws are having continuing effect. Therefore transfer of the complaint and FIR from Bellary Women Police Station to Shahapur police Station is not correct and contrary to the Section 178 and 179 of Cr.P.C. The learned counsel for the petitioner relied on the judgment of the Hon'ble Supreme Court in the case of Priti Kumari V/s. the State of Bihar and others in Crl. A. No. 1387/2019 dated 13.09.2019. Therefore, placing reliance on the judgment, the counsel for the petitioner submitted that the transfer of complaint from Bellary Women Police Station to Shahapur Police Station is illegal. Therefore, prays to issue direction to the respondent-police to continue the investigation from Bellary Women Police Station.

5. Per contra, the learned SPP submitted that since the husband and in-laws of the petitioner are residing i