498a&406

Mustafa Bhat (Querist) 29 November 2015 This query is : Resolved
Respected Sir,
A criminal Case U/S 498A & 406 is pending for disposal before JMIC where the alleged offense has occurred.
Now the lady has filled the application for transfer in CJM Court for transfer of this case from this JMIC Court to any other Court citing the reason
1) That, the applicant is the Victim of violence perpetrated on her by the Respondent No: 2 the husband of applicant & there other family members. The applicant/Complainant filed Compliant against the respondent which culminated in criminal case under section 498A & 406 against the respondent & others.

2) That the applicant/ Complainant seeks the transfer of the case tilted State Vs ...... from the Court of Judicial Magistrate Place A to any Competent Court. It is submitted that the most of witnesses cited by the investigating agency in the calendar of witnesses hail from Place B and it will be convenient for all the witnesses to come in the court at Place B.

3) That the applicant/ Complainant is also residing at Place B and it shall be in the interest of justice if the said case is withdrawn from the files of the Judicial Magistrate Place A and transferred to the Court at Place B.

4) That the applicant/Complainant being a woman is vulnerable to the violent and indecent acts of the respondent No: 2 and his associates who belong to Tehsil Place A. It is respectfully submitted that the respondent has assembled a crowd of anti-social elements at Place A to target the applicant and subject her to harassment and indecent acts so as to prevent her to properly look after her case and seek appropriate legal assistance.
Can the Court transfer the case on these grounds.

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Mustafa Bhat (Querist) 29 November 2015
Advise plz

P. Venu (Expert) 30 November 2015
The application for transfer of the case is maintainable. You may oppose the application on merits.

Mustafa Bhat (Querist) 30 November 2015
I have heard in a criminal case occurrence of offence is the jurisdiction , then Place A where trail is going is the place of occurrence.
Then what point they have in the application.

SAINATH DEVALLA (Expert) 30 November 2015
Generally the husband is the respondent NO 1 in criminal cases filed by the wife,UR mother must have been made respondent NO 1 in UR case.UR lawyer should be extra vigilant and careful in opposing the transfer.