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High Court Of ChhattisgarhTPCR/19/2018dismissed

Smt. Jyoti Agrawal v. Vivek Singhania

2018-10-23Hon'Ble Shri Justice Ram Prasanna Sharma2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Transfer Petition (Cr.) No. 19 of 2018 • Smt. Jyoti Agrawal W/o Shri Vivek Singhania Aged About 25 Years D/o Shri Anand Agrawal, R/o- Lochan Nagar, Raigarh, DistrictRaigarh, Chhattisgarh., District : Raigarh, Chhattisgarh ---- Petitioner

Versus

1. Vivek Singhania S/o Shri Subhash Singhania Aged About 28 Years R/o- Sada Colony, Behind Petrol Pump, Main Road, Jamnipali, Korba, District- Korba, Chhattisgarh., District : Korba, Chhattisgarh

2. Subhash Singhania S/o Shri Murari Lal Aged About 53 Years R/oSada Colony, Behind Petrol Pump, Main Road, Jamnipali, Korba, District- Korba, Chhattisgarh., District : Korba, Chhattisgarh

3. Smt. Santoshi Singhania W/o Shri Subhash Singhania Aged About 49 Years R/o- Sada Colony, Behind Petrol Pump, Main Road, Jamnipali, Korba, District- Korba, Chhattisgarh., District : Korba, Chhattisgarh

4. Komal Singhania D/o Shri Subhash Singhania Aged About 25 Years R/o- Sada Colony, Behind Petrol Pump, Main Road, Jamnipali, Korba, District- Korba, Chhattisgarh., District : Korba, Chhattisgarh ---- Respondents For Petitioner :

Shri Priyanshu Gupta, Advocate For Respondents :

Shri A.K. Shukla, Advocate Hon'ble Shri Justice Ram Prasanna Sharma Order on Board 23/10/2018 1.

This is a petition filed under Section 407 of the Cr.P.C. for transferring Case No.351/2016 from the Court of Judicial Magistrate First Class, Katghora to the competent Court at Raigarh (CG). 2.

In the present case charge-sheet is filed by Police Station Darri before the Court at Katghora against the respondents. It is a report by the

petitioner of cruelty and upon investigation, charge under Section 498-A read with Section 34 of the IPC and Sections 3 & 4 of the Dowry Prohibition Act is on hearing before the said Court. As the petitioner being wife of respondent 1, is witness No.1 in the said case, she had to depose before the Court for one day. She is not required to attend the Court at Katghora on every hearing. There is allegation of threat by the petitioner and for that this Court has directed the Superintendent of Police, Korba to provide adequate security to the petitioner while she visits the Court at Katghora. 3.

Considering the facts and circumstances of the case, no case for transferring the case is made out. Accordingly, the Transfer Petition (Cr.) is dismissed at the motion stage itself.

4.

Consequently, all the interim applications stand dismissed. Sd/ (Ram Prasanna Sharma) Judge sunita