Smt. Usha Kiran Srivastava v. Rakesh Kumar Shrivastava

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR T.P.(C) No. 38 of 2017 Smt. Usha Kiran Srivastava ---- Petitioner

Versus

Rakesh Kumar Shrivastava ------Respondent Office Reference Single Bench:Hon'ble Shri Sanjay Agrawal, J Order On Board 06.07.2017 1.

This reference Petition has been registered on the basis of the letter dated 16.6.2017 issued by the Judge, Family Court, Manendragarh, Distt. Korea, whereby it is stated that one Smt Usha Kiran Srivastava has filed an application as per the provisions prescribed under Section 125 Cr.P.C, 1973 in the said Court against one Mr. Rakesh Kumar Srivastava. The said application has been registered as M.J.C No.37/2017. It is stated further in the said letter that the Respondent Mr. Rakesh Kumar Srivastava is an employee of this establishment and is performing his duties as AG-III and therefore, it is requested by him that for fair and transparent trial, it is necessary that the matter may be transferred from the Family Court, Manendragarh to any other Court.

2.

On perusal of the said letter, this Court thinks that it would be appropriate that the matter should be heard by any other Court except the Famil Court, Manendragarh because Respondent Mr. Rakesh Kumar

Srivastava is performing his duties in the said establishment as AG-III. Accordingly, I hereby direct that the said M.J.C No.37/17 (Smt Usha Kiran Srivastava vs. Rakesh Kumar Srivastava) shall stand transferred from the Family Court, Manendragarh to the Family Court, Ambikapur. 3.

The Family Court, Manendragarh is directed to transfer all the relevant papers forthwith to the Family Court, Ambikapur who in turn, shall issue notice to both the parties immediately thereafter and decide the matter in accordance with law.

4.

With the aforesaid directions, the instant Office Reference stands disposed of.

Sd/- (Sanjay Agrawal) JUDGE Priya