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M.Cr.C. No. 15585/2021

HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE

(SINGLE BENCH : HON. Mr. JUSTICE VIVEK RUSIA)

M.Cr.C. No. 15585 of 2021

Jyoti Pitliya W/o. Abhay Pitliya,

Aged 39 years, Occ. Household,

R/o. Bichlavaas Ramdeo Ji Ki Ghati,

Ratlam, District Ratlam.

PETITIONER.

Versus

1.

State of M.P. Through P.S. Manak Chowk, Ratlam, District

Ratlam.

2.

Goverdhanlal Chowhan S/o. Kasturchand,

Aged 63 years, Occ. Business, R/o. 126, Naharpura, Ratlam.

3.

Manju Chouhan W/o. Goverdhanlal,

Aged 59 years, Occ. Household,

R/o. 126, Naharpura, Ratlam.

4.

Vimal Chouhan S/o. Goverdhanlal,

Aged 27 years, Occ. Nil,

R/o. 126, Naharpura, Ratlam.

5.

Harish Chouhan S/o. Goverdhanlal,

Aged 42 years, Occ. Auto Garage

R/o. 126, Naharpura, Ratlam.

RESPONDENTS.

Date: 20.01.2022 :

Shri Sanjay Sharma, learned counsel for the petitioner.

Ms. Archana Maheshwari, learned Panel Advocate for

respondent/State.

Shri Ram Krishna Shastri, learned counsel for respondents No.2

to 5.

Heard the learned counsel for the parties.

O R D E R

The petitioner has filed the present petition u/s. 482 of the

Cr.P.C. being aggrieved by the order dated 9.3.2021 passed by

Sessions Judge, Ratlam in M.J.Cr. No.120/2021 whereby the

application filed u/s. 408(2) of the Cr.P.C. seeking to transfer the

proceedings of the Criminal Case No. 802/2019 registered at Crime

No.139/2019 u/s. 323, 294/34 from the Court Judicial Magistrate, First

Class, Ratlam to the Court of 5^th Addl. Sessions Judge, Ratlam, has

been rejected.

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M.Cr.C. No. 15585/2021

The facts of the case, in short, are as under :

1.

Respondent No.5 – Harish has lodged the FIR on 25.3.2019 at

22.31 hours at Police Station Manak Chowk, Ratlam alleging that he

resides at 126, Naharpura, Ratlam and runs an Auto Garage. His shop

and the house are at the same place. Abhay Pitliya is the owner of his

neighbouring house which is under construction. On 25.3.2019 at 6.00

pm. his father Govardhan was standing outside the house and at that

time, Abhay Pitliya came there and started quarrelling in respect of

parking the vehicles in front of his house. He has started abusing

Goverdhan by filthy language and with an intention to kill him, he

stabbed twice by means of a knife on the stomach and hands due to

which he fell down. He tried to save his father and also tried to catch

Abhay Pitliya but with an intention to kill him also he stabbed him by

means of the knife on the right side of the chest due to which bleeding

started and he also fell. His brother Pramod came there to save both of

them, but Abhay Pitliya has also assaulted him with a knife and he also

fell down. His relative Sunil Rathore came there to intervene, then

Abhay Pitliya fled away from the spot. The local residents have

witnessed the incident. The police have registered the FIR u/s. 307 and

294 of the IPC against Abhay Pitliya i.e. husband of this applicant. The

police visited the spot and at 22.50 hours, prepared the spot map,

which is reproduced below :

In the aforesaid spot map, the place of incident is marked as 'X' in a

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M.Cr.C. No. 15585/2021

circle in front of the house of the complainant and the house marked as

'B' is of Abhay Pitliya. In the FIR also the place of incident is

mentioned as “in front of the house of the complainant” situated at

Naharpura, Ratlam.

2.

The applicant who is the Wife of Abhay Pitliya also lodged the

FIR which is registered at Crime No.139/2019 at Police Station Manak

Chowk, Ratlam on 26.3.2019 at 1.36 hours. The above information

was received at the Police Station 00.55 hours. She lodged the FIR

against the present respondents – Govardhanlal, Harish, Vimal, Manju

Chouhan that her husband went to see the construction of his house at

Naharpura where a dispute occurred on the issue of the parking of the

vehicles. The respondent – Govardhanlal came with an iron rod and

others with the stick and assaulted her husba