1
IN THE SUPREME COURT OF INDIA
CRIMINAL ORIGINAL JURISDICTION
TRANSFER PETITION (CRIMINAL) NO.463 OF 2017
AKANSHA ...PETITIONER(S)
VERSUS
JIGNESH KOSHTI & ANR. ...RESPONDENT(S)
ORDER
1. Heard the learned counsels for the
parties.
2. The petitioner seeks transfer of a
proceeding bearing Criminal Case No.Nil
arising out of FIR No.151 of 2015 initiated
by the petitioner (wife) under Section
498A, 504, 506(2) of the Indian Penal Code,
1860 and under Section 3 and 5 of the Dowry
Prohibition Act, 1961 from the Court of
Maj. Judicial F.C. and Additional Civil
Judge, Surat City, Gujarat to the Court of
Chief Judicial Magistrate, Indore, Madhya
Signature Not Verified
Digitally signed by
Pradesh.
VINOD LAKHINA
Date: 2018.05.17
16:56:16 IST
Reason:
2
3. The petitioner states that she is
presently residing in Indore, Madhya
Pradesh and there are proceedings under
Section 125 of the Code of Criminal
Procedure, 1973 and under Section 12 and 23
of the Protection of Women from Domestic
Violence Act, 2005 presently pending
between the parties in Indore, Madhya
Pradesh.
4. Having regard to the fact that the
petitioner is now residing in Indore,
Madhya Pradesh and the proceedings under
under Section 125 of the Code of Criminal
Procedure, 1973 and under Section 12 and 23
of the Protection of Women from Domestic
Violence Act, 2005 are presently pending
between the parties in Indore, Madhya
Pradesh we are of the view that the
transfer, as prayed, should be allowed.
Therefore, Criminal Case No.Nil arising out
3
of FIR No.151 of 2015 pending in the Court
of Maj. Judicial F.C. and Additional Civil
Judge, Surat City, Gujarat is ordered to be
transferred to the Court of Chief Judicial
Magistrate, Indore, Madhya Pradesh. The
Court of Maj. Judicial F.C. and Additional
Civil Judge, Surat City, Gujarat shall send
the case record to the transferee Court
promptly and without any delay.
5. The transfer petition is
accordingly allowed.
6. After transfer of the petition, the
transferee Court is directed to make all
endeavour for amicable settlement, failing
which for early decision in the case
without unnecessary adjournments.
....................,J.
(RANJAN GOGOI)
...................,J.
(R. BANUMATHI)
NEW DELHI
MAY 16, 2018
4
ITEM NO.27 COURT NO.3 SECTION XVI-A
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
TRANSFER PETITION (CRIMINAL) NO(S). 463/2017
AKANSHA PETITIONER(S)
VERSUS
JIGNESH KOSHTI & ANR. RESPONDENT(S)
(FOR ADMISSION AND IA NO.125718/2017-STAY APPLICATION AND IA
NO.125722/2017-EXEMPTION FROM FILING O.T. AND IA NO.15224/2018-
VACATING STAY AND IA NO.15228/2018-EXEMPTION FROM FILING O.T. )
Date : 16-05-2018 This matter was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE RANJAN GOGOI
HON'BLE MRS. JUSTICE R. BANUMATHI
For Petitioner(s)
Ms. Anne Mathew, AOR
For Respondent(s) Mr. Adarsh Tripathi, Adv.
Mr. Gaurav, AOR
Ms. Hemantika Wahi, AOR
Ms. Jesal Wahi, Adv.
Ms. Mamta Singh, Adv.
Ms. Pallavi Baghel, Adv.
UPON hearing the counsel the Court made the following
O R D E R
Exemption from filing O.T. is granted.
The transfer petition is allowed in terms of the
signed order. Consequently, all pending applications
are disposed of.
[VINOD LAKHINA] [ASHA SONI]
AR-cum-PS BRANCH OFFICER
[SIGNED ORDER IS PLACED ON THE FILE]
|
