Smt. Anuradha Pushpanjali @ Punam Devi v. The State Of Bihar And ORS
Patna High Court Cr.Misc. No.11669 of 2013 dt.13-05-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.11669 of 2013 Arising Out of PS.Case No. -667 Year- 2007 Thana -AURANGABAD COMPLAINT CASE District- - ===========================================================
1. Smt. Anuradha Pushpanjali @ Punam Devi Wife Of Sri Satyendra Kumar Daughter Of Late Biku Bhagat Resident Of Village Daudnager Mali, Mohalla Old Town Mali Tola, Ward No. 5, P.S. Daudnagar, District Aurangabad, At Present Residing At Village Aungari, P.O. Aungari, P.S. Aungari, District Nalanda. .... .... Petitioner/s
Versus
1. The State Of Bihar
2. Dharmendra Kumar Son Of Thakur Bhagat Resident Of Mohalla Old Town Mali Tola, Daudnagar, Ward No. 5, P.O. And P.S. Daudnagar, District Aurangabad Bihar.
3. Nagendra Bhagat, Son Of Late Ramratan Bhagat Resident Of Village Aulipur, P.S. Chauram District Arwal At Present Resident Of Irrigation Division Colony, Daudnagar, P.O. And P.S. Daudnagar, District Aurangabad, Co-Accused In Court Below.
4. Satyendra Prasad Late Biku Bhagat Resident Of Village Aungari, P.O. And P.S. Aungari, District Nalanda
5. Upendra Rpasad Sons Of Late Biku Bhagat Resident Of Village Aungari, P.O. And P.S. Aungari, District Nalanda
6. Shyam Bihari Prasad Son Of Late Biku Bhagat Resident Of Village Aungari, P.O. And P.S. Aungari, District Nalanda .... .... Opposite Party/s =========================================================== Appearance :
For the Petitioner/s : Mr.
For the Opposite Party/s : Mr.
=========================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 13-05-2016 No one appears on behalf of the petitioner.
The petitioner seeks transfer of Complaint Case No. 667 /Tr. No. 3140 of 2007 pending in the Court of Judicial Magistrate 1st Class, Aurngabad to the Court of Judicial Magistrate 1st Class, Hilsa Nalanda.
Patna High Court Cr.Misc. No.11669 of 2013 dt.13-05-2016 From the petition filed herein, I find that initially a proceeding was pending before the Principal Judge Family Court, Aurangabad but when the husband did not pay the interim maintenance the application stood dismissed.
The petitioner submits that she is completely destitute and unable to pursue the case at Aurangabad.
Having considered the circumstances of the case, the application is allowed and the Judicial Magistrate 1st Class, Aurngabad is directed to send the record of Complaint Case No. 667 /Tr. No. 3140 of 2007 to the A.C.J.M, Hilsa, Nalanda within three weeks who shall transfer the case to any other Court of competent jurisdiction. The Court at Hilsa shall conclude the trial positively within a period of six months from the date of receipt of copy of this order. The Court below shall not insist on the personal appearance of the accused persons except on date of framing of charge/recording of statement under Section 313 Cr.P.C/ date of Judgment. (Anjana Prakash, J) Prakash/- AFR/NAFR CAV DATE Uploading Date Transmission Date