Petitioner sought transfer of a 498A IPC case from Muzaffarpur to Sitamarhi citing convenience and OP2's residence. Court noted contradictions and proximity, dismissing the application as without merit. Oral order.
Application for transfer was dismissed.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.31688 of 2019
Arising Out of PS. Case No.-65 Year-2014 Thana- MAHILA P.S. District- Muzaffarpur
======================================================
NAVIN KUMAR Son of Omprakash Gupta Resident of Mohlla- Sri Nagar Dumra, Main Road
... ... Petitioner/s
Versus
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Arvind Kumar Mouar For the Opposite Party/s : Mr.Md. Matloob Rab ======================================================
CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER
2 14-05-2019 This application has been filed for transfer of Mahila
P.S.Case no.65/14 registered under Section 498(A) of the IPC and Sections ¾ of the D.P.Act from the court of SDJM, Muzaffaprur to any other court of Sessions Division, Sitamarhi.
Submission of the learned counsel for the petitioner is that other cases filed under Section 498A of the IPC by the O.P.no.2 is pending at Sitamarhi and she is also resident of Sitamarhi and as such if the case is transferred to Sitamarhi, the petitioner will have convenient in pursing the matter. However, on query the petitioner has admitted that this case has been filed at Muzaffarpur and O.P.no.2 is resident of Muzaffarpur and the
Patna High Court CR. MISC. No.31688 of 2019(2) dt.14-05-2019 2/2
witnesses are also resident of Muzaffarpur and further it appears
that the Sitamarhi is not far away of the Muzaffarpur.
In such view of the matter, I find no merit in this
application, as such this application is dismissed.
(Vinod Kumar Sinha, J)
chn/-
U T
1 issue framed by the court
Whether an application for transfer of a criminal case from Muzaffarpur to Sitamarhi warrants merit given discrepancies in petitioner's submissions.
2 provisions across 2 enactments
Navin Kumar
The State of Bihar
Anamika Kumari
Vinod Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
