Disposed

Rita Dalal v. State of Haryana & Ors.

Punjab & Haryana HC4 May 2013CRM-M/25340/2012

Case brief

AI extract

What is this about?

Petitioner sought transfer of criminal case fearing assault as a witness. Single Judge relied on prior transfer order, issued direction for security from SP Jhajjar for travel to and from Bahadurgarh court upon filing application.

What did the court decide?

Direction to SP Jhajjar to furnish adequate security to the petitioner while she travels to and from the Court at Bahadurgarh upon filing an application.

Rita Dalal Vs State of Haryana & Ors. — Criminal Trial and Appeal | Punjab & Haryana HC (2013)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CRM-M No. 25340 of 2012(O&M) Date of decision: May 04, 2013

Rita Dalal

..... Petitioner

versus

State of Haryana and others

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..... Respondents

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CORAM: HON'BLE MR. JUSTICE M.M.S. BEDI

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PRESENT: None for the petitioner

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Ms. Shalini Attri, DAG Haryana

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M.M.S. BEDI, J (ORAL)

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Through instant petition, the petitioner seeks transfer of criminal case arising out of FIR No. 236 dated 06.07.2009 under Sections 406, 420, 467, 468, 471 and 506 IPC registered at Police Station Sadar Bahadurgarh, District Jhajjar pending in the Court of Judicial Magistrate Ist Class, Bahadurgarh to District Court at Gurgaon inter alia on the ground that after death of her husband she had got a case registered against her father-in-law, mother-in-law and brother-in-law private respondents No. 2 to 4 as they had fabricated a fake Will of her husband.

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The petitioner claims that she is residing in Gurgaon and there is apprehension of she being assaulted, harmed in case of her appearing in the Court at Bahadurgarh, District Jhajjar appearing as witness or to pursue her case. She had earlier filed a petition for transfer of proceedings under Hindu Minority and Guardianship Act which have been transferred from District Rohtak to District Gurgaon

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CRM-M No. 25340 of 2012(O&M)

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vide order dated 09.07.2012 passed by this Court. The petitioner claims that she had been threatened and assaulted on 14.03.2012 when she had come for attending the Court at Bahadurgarh but police has not taken any action despite repeated requests.

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No one had been appearing for the petitioner for the last three consecutive dates. I have considered the facts and circumstance of the case. Even if all the facts and circumstances of the case are believed to be correct, it is a fit case that SP Jhajjar should be asked to furnish adequate security to the petitioner at the time when she has to visit the Courts at Bahadurgarh, District Jhajjar.

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The petition is disposed of with a direction that in case petitioner files an application before SP Jhajjar for security in the Court premises at Bahadurgarh on the dates of hearing, she would be protected on her way from Gurgaon to Bahadurgarh and on her way back while moving out of Bahadurgarh. The said application can be moved by the petitioner before the next date of hearing which is stated to be 14.06.2013 or on any other date.

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(M.M.S. BEDI) JUDGE

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May 04, 2013 reena

Rita Dalal v. State of Haryana & Ors.

Case brief

What is this about?

What did the court decide?

Rita Dalal v. State of Haryana & Ors.

Case brief

What is this about?

What did the court decide?

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