Criminal transfer application
Querist :
Anonymous
(Querist) 23 September 2011
This query is : Resolved
Sir, my ex-wife to whome I divorced filed 498-A & 406 case against me & against my whole family in Women police station in oct,2010, which final culminated into challan in CJM Court of the District I Resided in the month of Dec,2010 & the challan was filled against me only .During the poIice investigation I & my whole family were on bail.The Case is in CJM Court is for discussion to see weather the charge is to be framed or not. Now the lady has applied for Criminal Transfer application in High court for transfer of this case to her district, Sir,is it possible,as i personal want the case to remain in my District as they always fight me in other case which are in her district .Please advise.
Biswanath Roy
(Expert) 23 September 2011
it is not easy to transfer a criminal case from one district to another unless there is a strong cogent ground. You do not mention the ground which is to be relied upon by your wife. Hence absolute opinion is not possible.
Querist :
Anonymous
(Querist) 23 September 2011
Sir they are as Under:
1) Most of the witness hail from her district.
2)Applicant being woman,is vulnerable to the violet & indecent acts of the respondents & his associates who belong to respondent district.
3) Respondent has assembled a crowd of anti-social elements at his district to target the applicant & subject her to harassment so as to prevent her to look properly after her case & seek appropriate legal assistance .
Sir, Kindly advise.
Raj Kumar Makkad
(Expert) 23 September 2011
The grounds mentioned by you are not sufficient for getting transferred such cases. Common law is that the police of the area within whom crime was committed has got jurisdiction to initiate criminal action and now when challan has been presented, the case is of State and complainant is not required to attend hearings in person so there are no cogent grounds.
Ajay Bansal
(Expert) 24 September 2011
Fifty-Fifty chances are present in favour of both parties.
Shonee Kapoor
(Expert) 24 September 2011
Hon'ble Supreme Court has now refused to transfer any further 498-a/ 406 cases based on the request made by the woman, if jurisdiction of that court is there.
Get it from me if your lawyer is unable to find it.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Querist :
Anonymous
(Querist) 24 September 2011
Kapoor Sir ,
Kindly give it to me as i have case on Monday.
Querist :
Anonymous
(Querist) 26 September 2011
Respected Experts.
Hon'ble High court todays passed the order for transfer of case in other court in my District but centrally located between my place of residence & my ex-wife's residence.
With the instructions to solve the case within a year,& if done within six months will be good.
