Allowed

Pooja v. Vinod Kumar

Rajasthan HC29 May 2024CRLTP/3/2024

Case brief

AI extract

What is this about?

This Single Bench Criminal Misc. Transfer Petition was filed by petitioners for transferring a criminal case pending before the Chief Judicial Magistrate, Barmer, to the Court of Additional Chief Judicial Magistrate, Balotra. The court held that transfer is necessary as the petitioners reside in Samdari, and the Barmer court is approximately 150 kms away. Accordingly, the transfer was ordered.

What did the court decide?

Direction to the Chief Judicial Magistrate, Barmer to transfer criminal case No. 103/2021 to the Additional Chief Judicial Magistrate, Balotra.

Pooja Vs Vinod Kumar — Civil Procedure and Limitation | Rajasthan HC (2024)

¶1

[2024:RJ-JD:24520]

¶2

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶3

S.B. Criminal Misc. Transfer. Petition No. 3/2024

¶4

Pooja W/o Vinod Kumar, Aged About 30 Years, D/o Hari Ram, R/o Gaur Ka Chowk, Meghwalo Ka Was, Samdari, Tehsil Samdari, Dist. Barmer.

¶5

Dakshita D/o Vinod Kumar, Aged About 10 Years, Minor Through Natural Guardian And Mother Smt. Pooja W/o Vinod Kumar D/o Hari Ram, Aged About 30 Years, D/o Hari Ram, R/o Gaur Ka Chowk, Meghwalo Ka Was, Samdari, Tehsil Samdari, Dist. Barmer.

¶6

Bhawya D/o Vinod Kumar, Aged About 5 Years, Minor Through Natural Guardian And Mother Smt. Pooja W/o Vinod Kumar D/o Hari Ram, Aged About 30 Years, D/o Hari Ram, R/o Gaur Ka Chowk, Meghwalo Ka Was, Samdari, Tehsil Samdari, Dist. Barmer.

¶7

----Petitioners

¶8

Versus

¶9

Vinod Kumar S/o Chaila Ram, R/o Ambedkar Colony, Barmer, Dist. Barmer.

¶10

----Respondent

¶11

For Petitioner(s)	: Mr. BajrangSingh Rathore
For Respondent(s)	: Mr. Mukesh Trivedi,PP

¶12

HON'BLE MR. JUSTICE MANOJ KUMAR GARG Order

¶13

29/05/2024

¶14

Notice has been issued to the sole respondent but no one has appeared on behalf of the sole respondent. The present transfer petition has been filed by the petitioners for transferring the criminal case No.103/2021 titled as “Smt. Pooja & Ors. Vs. Vinod Kumar” pending before learned Chief Judicial Magistrate, Barmer to any competent court at Balotra.

[2024:RJ-JD:24520]

[CRLTP-3/2024]

(2 of 2)

Learned counsel for the petitioners submits that the present transfer petition has been filed on the ground that the petitioner No.1 along with her two minor children resides in Samdari which is near Balotra. The criminal case is pending before learned Chief Judicial Magistrate, Barmer which is about 150 kms. away from Samdari and it is not possible for her to attend each & every date of hearing. Therefore, it is prayed that the criminal case be transferred to any court of Balotra and the misc. transfer petition may be allowed.

¶19

I have heard learned counsel for the petitioners and perused the material available on record.

¶20

In view of the above, the Chief Judicial Magistrate, Barmer is directed to immediately transfer the criminal case No.103/2021 pending before him to the Court of learned Additional Chief Judicial Magistrate, Balotra.

¶21

The criminal misc. transfer petition is allowed accordingly. Stay petition also stands decided.

¶22

(MANOJ KUMAR GARG),J

¶23

116-Rashi/-

Pooja v. Vinod Kumar

Case brief

What is this about?

What did the court decide?

Pooja v. Vinod Kumar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Imtiyaz Ahmed Vs State of Rajasthan

Gehari Lal @ Kailash Dangi Vs State of Rajasthan

Vakeel @ Gopal Vs State of Rajasthan

Mohammed Abbas Vs State of Rajasthan

Devi Lal Vs State

Veena Chhabra Vs State of Rajasthan