MST SHARDA & ORS Vs. STATE OF RAJASTHAN & ORS
LAWS(RAJ)-2011-1-252
HIGH COURT OF RAJASTHAN
Decided on January 31,2011

Mst Sharda And Ors Appellant
VERSUS
State Of Rajasthan And Ors Respondents

JUDGEMENT

- (1.) This transfer application has been filed for transfering a criminal case No.03/2007, titled as Premwati Vs. Sharda, pending before the Additional Chief Judicial Magistrate, Deeg, District Bharatpur, to any other court within the jurisdiction of the District and Sessions Judge, Jaipur City Jaipur. Mr. Sanjay Sharma, the learned counsel for the applicants, has contended that the applicants find it difficult to keep on sending their counsel from Jaipur to Deeg to contest the matter on their behalf. Due to the behavior of applicant-respondent No.2, the proceedings are not running smoothly. Moreover, the applicant-respondent No.2 has expressed her fear that she may not get justice from the concerned court at Deeg. Therefore, the case pending before the Additional Chief Judicial Magistrate, Deeg should be transferred to any other court falling within the jurisdiction of the District and Sessions Judge, Jaipur City, Jaipur.
(2.) Heard the learned counsel for the applicants.
(3.) A transfer of a case is not for mere asking. Strong and cogent reasons have to be made out by the applicant in order to get the case transferred from one court and to an other court. Just because the applicants are engaging a counsel from Jaipur, who has to travel on their behalf, merely on this ground a case cannot be transferred. If this ground is deemed to be a valid ground, it will create judicial chaos as large number of parties would then insist that their case should be transferred to the place of their residence.;


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