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SANJAY K.AGRAWAL
Purvi Jain Bohra, Wife of Ritesh Kumar Bohra – Appellant
Versus
Ritesh Kumar Bohra, Son of Suresh Bohra – Respondent
ORDER :
1. The petitioner herein has filed an application under Section 407 of the CrPC for transferring Criminal Case No.2338/2019 pending before the Judicial Magistrate First Class, Raipur to the Court of Judicial Magistrate First Class, Durg for offences punishable under Section 498A/34 of the IPC.
2. The petitioner being victim in Crime No.38/18 for offence under Section 498A/34 of the IPC has filed this transfer petition stating inter-alia that she is residing along with her parents at Durg and she has filed a complaint under the provisions of the Protection of Women from Domestic Violence Act, 2015, which is also pending in the Court of Judicial Magistrate First Class, Durg being Criminal Case No.947/2018. Thereafter, she has filed an application under Section 125 of the CrPC for maintenance before the Family Court, Durg, which is registered as Case No.168/2019 and one more application under Section 13(1) of the Hindu Marriage Act, 1955 (hereafter called as 'Act of 1955') is also pending at Family Court, Durt being Case No.500/2019 and respondent No.1's application under Section 9 of the Act of 1955 for restitution of conjugal rights is also pending at Family Court, Durg being
The main legal point established in the judgment is the requirement of a reasonable apprehension for transfer under Section 407 of the CrPC, as emphasized by relevant case law.
Point of Law : An order of transfer is not to be passed as a matter of routine or merely because an interested party has expressed some apprehension about proper conduct of the trial. The power has t....
The court established that a mere allegation of bias or apprehension of injustice is insufficient for transferring a case; there must be reasonable and substantiated grounds for such a request.
The main legal point established in the judgment is the requirement of reasonable apprehension and exceptional situations to justify the transfer of a case under Section 407 of the CrPC.
The central legal point established in the judgment is that the accused cannot dictate where the case against him should be tried, and the necessity to ensure fair trial and consider the convenience ....
Mere apprehension is not a ground for transfer; there must be reasonable apprehension that trial would be seriously undermined and justice would not be done.
Transfer of criminal cases under Section 407 Cr.P.C. requires substantial grounds beyond mere convenience or apprehension; the applicant must demonstrate a reasonable basis for fearing an unfair tria....
Point of Law : An order of transfer is not to be passed as a matter of routine or merely because an interested party has expressed some apprehension about proper conduct of the trial. The power has t....
The convenience and inconvenience of the parties must be considered in transfer petitions, and the current residence and filing of cases in a particular jurisdiction can influence the decision to tra....
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