TARAMANI PARAKH Vs. STATE OF M.P.

JUDGEMENT

(1.) This petition under Section 407 of Cr.P.C. has been filed for transfer of Criminal Case No.163/2012 pending in the Court of JMFC, Gwalior to the Court of JMFC, Ganj Basoda, District Vidisha.

(2.) The case of the applicant/complainant is that a written report was made by her on 19.5.2011 at police station Ganj Basoda, District Vidisha against the respondents No.2 to 4 alleging that they were harassing and treating the complainant/applicant with cruelty for bringing 25-30 tolas of gold and Rs. 2,00,000/- from her father. As the complaint did not disclose any cause of action at Ganj Basoda and after considering the complaint, the concerned police was of the view that the entire offence of cruelty has been committed within the territorial jurisdiction of police station Kotwali, District Gwalior, therefore, the complaint was sent by police station Ganj Basoda to police station Kotwali, District Gwalior. A FIR in Crime No.158/2011 under Section 498-A r/w Section 34 of IPC was registered at police station Hujrat Kotwali, District Gwalior against the respondents No.2 to 4.

(3.) After completing the investigation a charge sheet was filed before the court of JMFC, Gwalior against the respondents No.2 to 4 for offence punishable under Section 498-A, 34 of IPC. A petition under Section 482 of Cr.P.C. was filed and the High Court by order dated 20.2.2013 allowed the said petition and the proceedings in Criminal Case No.163/2012 pending in the Court of JMFC, Gwalior were quashed.