- (1.)This petition is preferred by petitioner under Article 226 of the Constitution of India and prayer has been made therein for transfer of criminal case No.1384/97 from the court of Judicial Magistrate, First Class, Ahmedabad, to the court of Judicial Magistrate, First Class, Anand, in the interest of justice.
(2.)The facts of the case are that the petitioner and respondent No.2 are the wife and husband. Their marriage was solemnized on 10th May 1996. The respondent No.2 started giving physical as well as mental torture to the petitioner and he also deserted her. On 8th March, 1997, between the parties, a compromise was arrived at. However, the respondent No.2 started torturing the petitioner. Not only the petitioner's husband, but her mother-in-law and father-in-law also tortured her. Not only this, the petitioner was not given her ornaments as well as other STRIDHAN. She filed a complaint at Ghatlodia Police Station being C.R. No.I-01101/97. After investigation, chargesheet has been submitted in the court of Judicial Magistrate, First Class, Ahmedabad. More than fifteen adjournments were given. Everytime, the petitioner came to the court at Ahmedabad with local advocate but the matter was adjourned. It is further stated that she has to bear heavy expenses of travelling of herself as well as witnesses and family members. An application has also been given by petitioner to complete the evidence but that has not been completed. It is stated in paragraph-5 of the special criminal application that to harass her, the respondent No.2 is filing applications for adjournment for last two years. On each and every date, she is objecting for giving adjournment but adjournments are being granted as said earlier. It is the modus operandi of respondent No.2 to prolong the case by getting adjournments.
(3.)The learned counsel for the petitioner submitted that the petitioner being a lady, is not in a position to come alone at Ahmedabad from Dakor and she has to spend huge amount in travelling and other expenses to attend the case at Ahmedabad. Further, what she contended that we are talking of providing doorstep courts but here in this case, the petitioner has to come from Dakor and otherwise also, for the last two years, the matter is being adjourned and she is suffering a lot. She will have difficult to bring her evidence at Ahmedabad. It is submitted that though in the prayer clause, prayer has been made for transfer of the case to Anand, the petitioner submits that it may be transferred to Dakor where also court of Judicial Magistrate is there.