The High Court dismissed an application to transfer a criminal complaint case from Madhubani to Begusarai, finding no genuine apprehension of danger. The court directed the trial court to expedite the trial pending since two years.
No transfer ordered; directed trial court to expedite trial pending for two years.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.67273 of 2019
Arising Out of PS. Case No.-795 Year-2013 Thana- MADHUBANI COMPLAINT CASE District- Madhubani
======================================================
... ... Petitioner/s
Versus
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Upendra Kumar Singh For the Opposite Party/s : Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER
Complaint Case No. 795 of 2013 filed by father-in-law of petitioner No.1 and her family members from the court of S.D.J.M., Madhubani to the court of S.D.J.M., Begusarai.
Submission of learned counsel for the petitioners is that divorce case and other cases are pending in Begusarai court and petitioner No.1 was subjected to cruelty by the accused persons and in order to create a defence the present complaint
Patna High Court CR. MISC. No.67273 of 2019(2) dt.24-10-2019 2/2
case has been lodged and moreover this case is pending for evidence before charge for the last two years and petitioners are apprehending danger in attending the court at Madhubani.
Having heard both sides and in the facts and circumstances, there does not appear to be any genuine apprehension of any danger at Madhubani, as such I do not find any materials to transfer the case from the court of S.D.J.M., Madhubani to the court of S.D.J.M., Begusarai. However, considering the submission of learned counsel for the petitioners that the case is pending for evidence before charge for the last two years and no step has been taken, learned trial court is directed to look into the matter and expedite the trial.
With the above observation, this application is dismissed.
(Vinod Kumar Sinha, J)
spal/-
U
1 issue framed by the court
Whether the complaint case should be transferred from SDJM Madhubani to SDJM Begusarai on grounds of pending divorce cases and apprehension of danger.
Puja Kumari
Bhola Sah
Asha Devi
Dhiraj Kumar
Vinod Sah
The State of Bihar
Vinod Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
