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2024 Supreme(Online)(SC) 3256

IN THE SUPREME COURT OF INDIA CRIMINAL ORIGINAL JURISDICTION TRANSFER PETITION(CRL.) NOS. 771-772/2023 ANJALI GOYAL RESPONDENT(S) WITH TRANSFER PETITION(CRL.) NO. 800/2023

Transfer of cases is not appropriate when there is no reason to do so at the current stage of proceedings.

Headnote:

Fact of the Case:

The petitioner sought transfer of two cases, one under the Protection of Women from Domestic Violence Act, 2005, and the other under Section 125 of the Code of Criminal Procedure, from Jodhpur, Rajasthan to Deesa, Gujarat.

Finding of the Court:

The court dismissed the transfer petitions, noting that there was no reason to transfer the cases at the current stage of proceedings.

Issues: Whether the cases should be transferred from Jodhpur, Rajasthan to Deesa, Gujarat.

Ratio Decidendi: The court held that there was no reason to transfer the cases at the current stage of proceedings.

Final Decision: The transfer petitions were dismissed.

ORDER

1. These petitions are filed seeking transfer of Complaint Nos. 4154/2022 and 4155/2022, filed under Sections 12 and 23 of Protection of Women from Domestic Violence Act, 2005, titled as “Anjali Goyal Vs. Kuldeep R.Sharma & Etc.“ pending before the Additional Chief Metropolitan Magistrate No.2, Jodhpur Metro Court, Rajasthan to the Ld. Court, Deesa, Gujarat and Criminal Regular Case No. 247/2022, filed under Section 125 of the Code of Criminal Procedure, titled as “Anjali Goyal Vs. Kuldeep R. Sharma’ pending before the Family Court, Jodhpur, Rajasthan to the Court of the Ld. Court, Deesa, Gujarat. 2. Heard learned counsel for the parties. 3. On going through the material disclosed and the stage of the proceedings sought to be transferred, we do not find any reason to entertain these petitions. Digitally signed by VARSHA MENDIRATTA Date: 2024.03.09 11:50:11 IST Reason:

    Signature Not Verified 4. The transfer petitions are, accordingly, dismissed. However, it will be open to the petitioners to seek extension from physical appearance and seek permission from the Court to participate in the proceedings virtually. 5. Pending application(s), if any, shall stand disposed of. 5. Pending application(s), if any, shall stand disposed of. ..................,J. (C.T. RAVIKUMAR) ..................,J. (RAJESH BINDAL) NEW DELHI; MARCH 06, 2024. ITEM NO.3 COURT NO.13 SECTION II S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Transfer Petition(s)(Criminal) No(s). 771-772/2023 ANJALI GOYAL RESPONDENT(S) (FOR ADMISSION and IA No.208011/2023-EX-PARTE STAY and IA No.208012/2023-EXEMPTION FROM FILING O.T. ) WITH T.P.(Crl.) No. 800/2023 (II) (FOR ADMISSION and IA No.218803/2023-EX-PARTE STAY and IA No.218806/2023-EXEMPTION FROM FILING O.T.) Date : 06-03-2024 These petitions were called on for hearing today. CORAM : HON'BLE MR. JUSTICE C.T. RAVIKUMAR HON'BLE MR. JUSTICE RAJESH BINDAL For Petitioner(s) M/S. Ahmadi Law Offices, AOR Mr. Vinay Vats, Adv. Ms. Harshal Gupta, Adv. Ms. Swati Surbhi, Adv. Mr. Prasannan Namboodiri, Adv. For Respondent(s) Mr. H. D. Thanvi, Adv. Mr. Nikhil Kumar Singh, Adv. Mr. Achal Singh Bule, Adv. Mr. Rishi Matoliya, AOR 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. (VARSHA MENDIRATTA) (MATHEW ABRAHAM) COURT MASTER (SH) COURT MASTER (NSH) (Signed order is placed on the file)
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