O R D E R

In these transfer petitions, seeking transfer of Regular Criminal Case No. 14155 of 2022 titled as State v. Neeraj Dokania & Others pending before the Court of Chief Judicial Signature Not Verified Digitally signed by Nidhi Ahuja Date: 2024.03.12 Reason:

Giridih (Jharkhand) and MJC Criminal Case No. 253 of 2023 titled as Pooja Dokania v. Neeraj Dokania & Others pending before the Court of Chief Judicial Magistrate, District Durg(Chhattisgarh) to the Court of Chief Judicial Magistrate, Giridih (Jharkhand), the accused (husband) has approached this Court.

Reliance has been placed on order dated 05.01.2024 passed by this Court in the case of Pooja Pandey v. Neeraj Dokania (Transfer Petition (C)No. 801 of 2023) in which transfer of divorce case has been ordered from Family Court, Girdih, Jharkhand, to Family Court, Durg, Chhattisgarh.

Considering the fact that divorce petition has already been transferred to Chhattisgarh, the prayer made in these transfer petitions by the petitioner(husband) seeking transfer from Durg, Chhattisgarh to Girdih, Jharkhand, is not justifiable.

In that view of the matter, we are not inclined to allow these petitions seeking transfer at the instance of the husband.

We make it clear that if the petitioner applies to the competent criminal Court seeking his presence through virtual mode in the said Court on the date so fixed, it is open to the trial Court concerned to permit him through video conferencing, uninfluenced by the dismissal of these transfer petitions by this Court.

In view of the aforesaid observations, these transfer petitions stand dismissed.

……………………………………………., J.

[ J.K. MAHESHWARI ]

……………………………………………., J.

[ SANJAY KAROL ]

New Delhi;

February 28, 2024.

ITEM NO.5 COURT NO.9 SECTION II-C S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Transfer Petition (Criminal) No. 438/2023 NEERAJ DOKANIA & ORS. Petitioner(s)

VERSUS THE STATE OF CHHATTISGARH Respondent(s)

(IA No. 118341/2023 - EX-PARTE STAY and IA No. 118340/2023 -

EXEMPTION FROM FILING O.T.)

WITH T.P.(Crl.) No. 463/2023 (II-C)

(IA No. 126194/2023 - EX-PARTE STAY and IA No. 126193/2023 -

EXEMPTION FROM FILING O.T.)

Date : 28-02-2024 These matters were called on for hearing today.

CORAM : HON'BLE MR. JUSTICE J.K. MAHESHWARI HON'BLE MR. JUSTICE SANJAY KAROL For Petitioner(s) Mr. Sachin Pahwa, Adv.

Mr. Santosh Sethi, Adv.

Mr. Ram Narayan Mohanty, Adv.

Mr. Rameshwar Prasad Goyal, AOR For Respondent(s) Mr. Kaustubh Shukla, AOR Mr. Saurabh Singh, Adv. Mr. Mainak Sarkar, Adv. Mr. Prashant Singh, AOR Ms. Prerna Dhall, Adv. Mr. Piyush Yadav, Adv.

UPON hearing the counsel the Court made the following

O R D E R

The transfer petitions are dismissed in terms of the signed order.

Pending application(s), if any, shall stand disposed of.

(NIDHI AHUJA) (POOJA SHARMA) AR-cum-PS COURT MASTER (NSH)

[Signed order is placed on the file.]