Sumita Shree v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.3948 of 2016 Arising Out of PS.Case No. -null Year- null Thana -null District- WESTCHAMPARAN(BETTIAH) =========================================================== Sumita Shree, wife of Brijesh Kumar, resident of mohalla Raj Guru Chowk, Police Station Bettiah Town, district West Champaran. daughter of Sudhir Das, at present, resident of Laxmi Apartment, 306/A, New Chitragupta Nagar, Police Station Kankarbagh, District Patna .... .... Petitioner
Versus
1. The State of Bihar
2. Brijesh Kumar, son of Naga Ram, resident of Raj Guru Chowk, Police Station Bettiah Town, District West Champaran .... .... Opposite Parties =========================================================== Appearance :
For the Petitioner : Mr. Sanjay Kumar, Advocate For the State : Mr. Khursid Anwar, APP For O. P. No. 2 : Mr. R. K. Jain, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH JUDGMENT AND ORDER ORAL Date: 19-12-2016 Heard learned Counsel for the petitioner, learned Counsel appearing on behalf of Opposite Party No. 2 and learned Additional Public Prosecutor representing the State.
2. This application, under Section 407 of the Code of Criminal Procedure, 1973, has been filed for transfer of Matrimonial Case No. 391 of 2012, from the Court of the learned Principal Judge, Family Court, Bettiah, West Champaran, to the Court of the learned Principal Judge, Family Court, Patna.
Patna High Court Cr.Misc. No.3948 of 2016 dt.19-12-2016 2/2
3. This application, under Section 407 of the Code of Criminal Procedure, 1973, cannot be maintained for transfer of Matrimonial Case No. 391 of 2012, which is in the nature of civil litigation.
4. This application is accordingly dismissed as not maintainable.
5. It goes without saying that petitioner shall have the liberty to apply for transfer of the said case in accordance with law.
(Chakradhari Sharan Singh, J.) Prabhakar Anand/- AFR/NAFR NAFR CAV DATE N.A.
Uploading Date 20.12.2016 Transmission Date 20.12.2016