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2022 Supreme(Jhk) 117

IN THE HIGH COURT OF JHARKHAND AT RANCHI
Sanjay Kumar Dwivedi, J.
Priya Malviya, W/o Avinash Kumar Vajpayee and ors. – Petitioners
Versus
The State of Jharkhand and ors. – Opposite Parties
Tr. Petition (Cr.) No. 12 of 2020
Decided On : 22-02-2022

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

Headnote:

Indian Penal Code, 1860 - Sections 498-A, 406, 420, 323 and 34 – Criminal Procedure Code, 1973 - Section 407 - Offence of Cruelty and Cheating – Seeking transfer of case - Jurisdiction of concerned Court - Petitioner No. 1 is the wife of O.P. No. 2 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. 1 is having no independent source of income and she is completely dependent upon her father - Held, It is settled proposition of law that in a criminal proceeding, trial is required to be conducted within the Court, where the jurisdiction of that Court is made out, so far as occurrence is concerned - There is no dispute with regard to the fact that the case has to be tried within jurisdiction of concerned Court where occurrence took place. Section 407 of Cr.P.C. empowers the High Court to transfer the case in facts and circumstances of case if grounds for transfer is made out. In the case in hand, the petitioner No. 1 is a lady and the other petitioners are her father and mother, who are critically ill and the petitioner No. 1 is residing with her mother and father and she has got no income - Transfer petition allowed.

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. 1 is having no independent source of income and she is completely dependent upon her father. He also submitted that the petitioner No. 4 is the maternal-uncle of petitioner No. 1, who is posted and working in Mumbai (Maharashtra).

5. Learned counsel appearing for the petitioners submitted that the petitioner No. 1 had made a written report on 05.08.2019 before the Mahila Police Station, Bokaro alleging therein that she was married with Avinash Kumar Vajpayee (O.P. No. 2) on 7.3.19 from Jamshedpur and at the time of marriage her father has paid Rs. 6,45,000/-through cheque and Rs. 1,55,000/-as cash to her father in law as per their demand. Apart from these articles including T.V, Furniture, Utensils worth Rs. 2,75,000/-, duly purchased Ornaments Worth Rs. 3,06,852/-and Ornaments given by the relatives worth Rs. 2,00,000/-were also given. Rs. 3,50,000/-was also spent in the marriage. After staying at her matrimonial home for few days she returned to Bokaro on 19.03.2019. During the said period her husband used to say her that he was not willing to marry her but he has married under the pressure of his parents. After staying 7 days at Bokaro she went back to Jamshedpur along with her husband. On her return the behaviour of her husband and father in law and mother in law has changed towards her. At the time of marriage, the accused persons had provided the Bio Data of her husband showing him as a Civil Engineer but during her stay at her matrimonial home she could learn that they had given fake bio data of her husband for the purpose of marriage. She was married with the opposite party no. 2, looking his bio data, as she has already completed her M. Com and B.Ed. before her marriage. In the meantime, the petitioner no. 1 noticed her husband consuming some kind of medicine. On being enquired about the said medicine, her husband avoided her. On her repeated asking about the said medicine the accused persons started torturing her both mentally and physically. After marriage she had also appeared in interview in nearby School i.e. St. Xavier School, Gamharia, but her in-laws and her husband did not allow her and told her that she would not be allowed to go out and to meet anyone. After two days of her teaching she was forced to stop going school. On 14.4.19 she called her father on phone and went back to Bokaro. After returning from Gamhariya, petitioner continued asking her husband about the medicine then he sent the Medical Prescription of Dr. Harprit Singh, Bistupur, Jamshedpur on her Whats-app but he did not send the test report. Thereafter the petitioner contacted the concerned Doctor then she could know that her husband is impotent and the same is incurable. When she told her husband about the same on phone, he became angry and started abusing her and

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