Disposed

Smt. Riya Dubey v. Priyesh Dubey

Chhattisgarh HC18 Jul 2022TPCR/10/2022

Case brief

AI extract

What is this about?

The High Court of Chhattisgarh ordered against transferring a criminal case to Bemetara as no unfair trial was apprehended but directed respondent No.1 to pay travel expenses to the petitioner and her family for attending evidence recording.

What did the court decide?

Petitioner entitled to travel expenses of Rs. 600/- and family members to expense of Rs. 700/- each on appearance for evidence recording.

Smt. Riya Dubey Vs Priyesh Dubey — Domestic Violence | Chhattisgarh HC (2022)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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Transfer Petition (Cr.) No.10 of 2022

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Smt. Riya Dubey, W/o Priyesh Dubey, D/o Suraj Kumar Tiwari, aged about 24 years, R/o Village Dhangaon, Police Station Navagarh, District Bemetara (C.G.)

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---- Petitioner

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Versus

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Priyesh Dubey, S/o Prakash Chand Dubey, aged about 28 years,

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Prakash Chand Dubey, S/o Tribhuvan Prasad Dubey, aged about 62 years, (as per FIR)

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Smt. Karuna Dubey, W/o Prakash Chand Dubey, aged about 55 years,

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Respondents are R/o Maitry Vihar, Plot No.7, Near A-Ekta Park, Supela, Police Station Supela, District Durg (C.G.)

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State of Chhattisgarh, through District Magistrate, Durg, District Durg (C.G.)

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---- Respondents

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For Petitioner: Mr. Rajkumar Pali and Mr. Amit Kumar Sahu, Advocates. For Respondent No.1: -

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Mr. Sabyasachi Bhaduri, Advocate.

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For Respondent No.4 / State: -

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Mr. Aarjit Tiwari, Panel Lawyer.

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Hon'ble Shri Justice Sanjay K. Agrawal

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Order On Board

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18/07/2022

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This transfer petition filed under Section 407 of the CrPC is directed seeking transfer of Criminal Case No.5812/2020 pending in the Court of Chief Judicial Magistrate, Durg to the Court of Chief Judicial Magistrate, Bemetara on the ground that the petitioner / wife – victim of the offence under Section 498A of the IPC is residing at Village Dhangaon, Police Station Navagarh, District Bemetara.

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Learned counsel for the petitioner would submit that the petitioner

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being a woman aged about 24 years is residing in a remote village of District Bemetara i.e. Village Dhangaon and therefore she is unable to attending the court proceeding at Durg, as such, the case be transferred to Bemetara for hearing and disposal in accordance with law.

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Learned counsel for respondent No.1 would submit that out of eleven cited witnesses in the charge-sheet before the jurisdictional criminal court, eight witnesses are from Durg and only three witnesses are of Bemetara, therefore, it would not be expedient to transfer the petition.

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At this stage, learned counsel for the petitioner would submit that no expenses have been paid to the petitioner, even travelling expenses have not been paid to the petitioner by the respondents.

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I have heard learned counsel for the parties and considered their rival submissions and went through the record with utmost circumspection.

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In the charge-sheet filed before the jurisdictional criminal court, out of total eleven cited witnesses, eight witnesses are from Durg and only three witnesses are from Bemetara and furthermore, respondents No.2 & 3 are aged persons, aged about 62 years and 55 years, respectively. However, considering the no apprehension that has been raised that trial is not conducted fairly by the court at Durg, I am not inclined to direct transfer of Criminal Case No.5812/2020 from Durg to Bemetara, however, considering the fact that the petitioner has to attend the criminal proceeding at Durg for recording the evidences of witnesses, expenses towards travelling and other expenses will be paid by respondent No.1 in the following manner: -

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₹ 600/- to Smt. Riya Dubey.

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₹ 700/- to Suraj Kumar Tiwari.

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₹ 700/- to wife of Suraj Kumar Tiwari.

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Above amount shall be paid to them on their appearance before the trial Court for recording evidence. With the aforesaid observation and direction, the transfer petition stands finally disposed of. No order as to cost(s).

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Sd/(Sanjay K. Agrawal) Judge

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Soma

Smt. Riya Dubey v. Priyesh Dubey

Case brief

What is this about?

What did the court decide?

Smt. Riya Dubey v. Priyesh Dubey

Case brief

What is this about?

What did the court decide?

What the court decided

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