Patna High CourtCR. MISC./46062/2016dismissed

Resham Kumari v. State Of Bihar And ANR

2017-04-20Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46062 of 2016 Arising Out of PS.Case No. -215 Year- 2012 Thana -JEHANABAD COMPLAINT CASE DistrictJEHANABAD ======================================================

1. Resham Kumari Wife of Chhotu Choudhary, daughter of Sri Suresh Choudhary, resident of Village- Kailu Chak, Police Station- Masaurhi, District- Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Chhotu Choudhary, Son of Late Sadhu Choudhary, resident of Hati Gopalpur, Police Kako, District- Jehanabad, at present residing at 301/83, Farm Society Loperkheranea, Sector-12, Plot No. 19, Near Tin- Taki, Police Naka, Navi Mumbai- 400709.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Ms. Madhu Prasun For the Opposite Party/s : Mr. Md. Anzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 20-04-2017 The petitioner is wife of Opposite party No.2. She seeks transfer of Complaint Case No. 215 of 2012 from Jehanabad Civil Court to Patna Civil Court.

The sole plea which has been taken for transfer of the case is that it will be convenient for the petitioner to conduct the case at Jehanabad. The case was filed by the petitioner at Jehanabad. Convenience of a party cannot be a ground for transfer of a criminal case for one place to another. It further, transpires that witnesses are resident of Jehanabad and Masurhai Learned counsel for the petitioner has submitted that

some matrimonial matter is pending at Patna and, therefore, it will not be inconvenient for the Opposite party No.2 to pursue his matter at Patna.

Be that as it may, in view of Supreme Court's decision in case of Jyoti Mishra Vs. Dhananjaya Mishra reported in (2010) 8 SCC 803, I am not convinced with the submission so advanced on behalf of the petitioner.

I do not find any merit in this application, which is, accordingly, dismissed.

(Chakradhari Sharan Singh, J) ArunKumar/- U