D.K.SINHA,J. - (1.) THE petitioner has preferred this petition for transfer of G.R. No. 644 of 2003 pending in the Court of S.D.J.M., Seraikella to the corresponding Court at Jamshedpur on the following grounds :
(2.) THE petitioner had lodged an FIR being Kharswan P.S. Case No. 31 of 2003 alleging inter alia that she was married to the opposite party No. 2 Raghunandan Pradhan on 29.4.1985 but after the marriage her in -laws started behaving inhumanly and attributed cruelty after she arrived at her matrimonial home. Her husband did not lag behind in so doing in various manner. The police registered the case and submitted charge -sheet after investigation for the offence under Section 498 -A of the Indian Penal Code against the accused persons including the opposite party No. 2 Raghunandan Pradhan, opposite party No, 3 Jhantu Pradhan and opposite party No. 4 Niwketan Pradhan. Having been satisfied with the prima facie materials against them, the learned Court below took cognizance of the offence under Section 498 -A of the Indian Penal Code and after framing of charge, the opposite party Nos. 2, 3 and 4 were put on trial. The grievance of the petitioner is that she is living at Jamshedpur in her parental home with her parents and two children and that she has been under constant threat from the members of the opposite party aforesaid asking her not to adduce evidence otherwise, she was cautioned to face the consequences. She was concerned and apprehensive for the reasons as well that her younger brother was kindapped earlier by the accused in order to put undue pressure upon her and in this connection she had sent a letter to the Chairman, National Human Rights Commission, New Delhi (Annexure -3). She further disclosed the occurrence in respect to the event dated 19.9.2006 that the members of the opposite party attempted to kidnap her son to which she informed the police (Annexure -4). That apart, all the material witnesses of the case belonged to Jamshedpur scared in coming at Seraikella to depose in view of the past conduct of the members of opposite party. Finally it was submitted that the petitioner being a lady was not at all in a position to produce the witnesses in the Court at Seraikella under given situation and threat on her life, as such she preferred this petition to get the G.R. No. 644 of 2003 pending in the Court of SDJM Seraikella transferred to the Court of Sessions Judge, at Jamshedpur.
(3.) HEARD Mr. D.K. Karmakar. the learned Counsel on behalf of the opposite party No. 2.;