Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JHARKHAND AT RANCHI Transfer Petition (Crl.) No.29 of 2023
Pooja Kumari aged about 25 years wife of Ravi Kant Rajnikar and daughter of Deepak Kumar Mahatha @ Deepak Mahatha, resident of village – Sabra, P.O. Chandra, P.S. Chandankiyari, District – Bokaro. …… Petitioner Versus
1. The State of Jharkhand.
2. Ravi Kant Rajnikar son of Sri Barun Prasad Singh, resident of village Chandrakho, P.O. Kutri, P.S. Dhanwar, District – Giridih. …... Opp. Parties ---------
CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR --------- For the Petitioner : Mr. Nitish Kr. Sahani, Advocate For the State : Mr. Subodh Kr. Dubey, A.P.P
For the O.P. : Mr. A. K. Sahani, Advocate --------
06/Dated: 08
th January, 2025
1. Heard learned counsels for the parties.
2. The present transfer petition has been filed under Section 407 of the Code of Criminal Procedure for transfer of the proceedings arising out of Dhanwar P.S. Case No.274 of 2020, corresponding to G.R. No.833 of 2021, pending in the court of learned Judicial Magistrate - 1st Class, Giridih, to any competent court at Bokaro.
3. It appears that the the parties are related by marriage, which has been solemnized in the year 2018, as per the Hindu Rites. The wife/ petitioner has lodged an F.I.R against O.P. No.02/ husband being Dhanwar P.S. Case No.274 of 2020, corresponding to G.R. No.833 of 2021 under Sections 323/ 504/ 506/ 34/ 498A of the Indian Penal Code and Sections 3/ 4 of the Dowry Prohibition Act. It further appears that the police after investigation has submitted charge-sheet to which cognizance has been taken by the court concerned under Sections 498A/ 323 of the Indian Penal Code and Sections 3/ 4 of the Dowry Prohibition Act and accordingly, charge has been framed on 24.06.2021 under the above sections. It also appears that the prosecution evidence is at advance stage and five witnesses have already been examined. - 1 - Transfer Petition (Crl.) No.29 of 2023
4. The only ground taken in the present transfer petition by the petitioner/ wife is difficulty. Difficulty cannot be a ground for transfer of the case.
5. Considering the stage of trial, I am not inclined to transfer the Dhanwar P.S. Case No.274 of 2020, corresponding to G.R. No.833 of 2021. Accordingly, the present transfer petition stands dismissed.
6. Pending interlocutory application, if any, stands
disposed of.
(Rajesh Kumar, J.) Chandan/- - 2 - Transfer Petition (Crl.) No.29 of 2023