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2022 Supreme(Jhk) 117

SANJAY KUMAR DWIVEDI
Priya Malviya, W/o Avinash Kumar Vajpayee – Appellant
Versus
State of Jharkhand – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Pankaj Kumar, Advocate
For the Respondent:Mr. Bishambhar Shastri, A.P.P., Mr. Pratiyush Lala, Advocate.

JUDGMENT :

1. Heard Mr. Pankaj Kumar, learned counsel for the petitioners, Mr. Bishambhar Shastri, learned A.P.P. for the State and Mr. Pratiyush Lala, learned counsel appearing for the O.P. No. 2.

2. This petition has been heard through Video Conferencing in view of the guidelines of the High Court taking into account the situation arising due to COVID-19 pandemic. None of the parties have complained about any technical snag of audio-video and with their consent this matter has been heard.

3. This petition has been filed for transfer of Complaint Case (C.C.) No. 513 of 2019 [filed by the O.P. No. 2 Avinash Kumar Vajpayee in the Court of learned Sub-Divisional Judicial Magistrate, Seraikella] from the court of learned Sub-Divisional Judicial Magistrate, Seraikella to Judicial Magistrate, 1st Class-cum-Civil Judge (Jr. Divi), Bokaro.

4. Mr. Pankaj Kumar, learned counsel appearing for the petitioners submitted that the petitioner No. 1 is the wife of O.P. No. 2 namely Avinash Kumar Malviya and she is presently residing in the house of her ailing father and mother, who are petitioner Nos. 2 and 3 and there is no other male member in her family. He further submitted that the petitioner No.

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