Taslim Bano vs State
2022 Latest Caselaw 5481 Raj

                                         (1 of 3)                  [CRLTP-25/2019]


     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
                 S.B. Crl.misc.trnfr.pet. No. 25/2019

Taslim Bano W/o Sh. Imtiyaz Ahmed Sheikh, Aged About 36
Years, B/c Muslim, R/o H.no. 3170, Pannigaron Ka Mohalla, Near
Sunheri Masjid, Subhash Chowk, Jaipur.
                                                                   ----Petitioner
                                   Versus
1.     State, Through Pp
2.     Imtiyaz Ahmed S/o Sh. Hussain Sheikh, B/c Muslim, R/o
       Asind W.no. 9 Nagar Palika Thana Asind, Dist. Bhilwara.
                                                                ----Respondents
                             Connected With
                 S.B. Crl.misc.trnfr.pet. No. 26/2019
Taslim Bano W/o Sh. Imtiyaz Ahmed Sheikh, Aged About 36
Years, B/c Muslim, R/o H.no. 3170, Pannigaron Ka Mohalla, Near
Sunheri Masjid, Subhash Chowk, Jaipur.
                                                                   ----Petitioner
                                   Versus
1.     State, Through Pp
2.     Imtiyaz Ahmed S/o Sh. Hussain Sheikh, B/c Muslim, R/o
       Asind W.no. 9 Nagar Palika Thana Asind, Dist. Bhilwara.
                                                                ----Respondents


For Petitioner(s)        :     Ms. Kirti Pareek
For Respondent(s)        :     Mr. Shashank Sharma



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                    Order

13/04/2022

     In wake of instant surge in COVID-19 cases and spread of its

highly infectious Omicron variant, abundant caution is being

maintained, while hearing the matters in Court, for the safety of

all concerned.



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                                           (2 of 3)                [CRLTP-25/2019]



      CRL. TSFR.PT. No.25/2019:

1.    At the outset, learned counsel for the petitioner submits that

the controversy, even in relation to fresh matrimonial transfer

cases, has been decided by this Hon'ble Court in the matter of

Smt. Gayatri Devi Vs. Shri Raghuveer Singh (S.B. Civil

Transfer Application No.112/2015, decided on 28.08.2019).

2.    In light of aforesaid judgment, the present transfer petition

is   allowed   and   the    proceeding          of    Criminal   Case   bearing

No.248/2014 (Tasleem Bano Vs. State & Anr.) in connection with

FIR No.154/2014 under Sections 323, 384 & 34 IPC pending

before the learned Civil Judge & Judicial Magistrate, Asind, District

Bhilwara with requisite record is ordered to be transferred to the

competent court at Jaipur forthwith. The Court where the case is

transferred i.e. competent court at Jaipur shall give notice to

both the parties of the date on which they have to remain present

before it.

      Stay Petition also stands disposed of accordingly.



      CRL. TSFR.PT. No.26/2019:

1.    At the outset, learned counsel for the petitioner submits that

the controversy, even in relation to fresh matrimonial transfer

cases, has been decided by this Hon'ble Court in the matter of

Smt. Gayatri Devi Vs. Shri Raghuveer Singh (S.B. Civil

Transfer Application No.112/2015, decided on 28.08.2019).

2.    In light of aforesaid judgment, the present transfer petition

is   allowed   and   the    proceeding          of    Criminal   Case   bearing

No.241/2014 (Imtiaz Ahmed Vs. State & Anr.) in connection with

FIR No.153/2014 under Sections 323, 384 & 379 IPC pending

before the learned Civil Judge & Judicial Magistrate, Asind,

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                                                                              (3 of 3)               [CRLTP-25/2019]



                                   District Bhilwara with requisite record is ordered to be transferred

                                   to the competent court at Jaipur forthwith. The Court where the

                                   case is transferred i.e. competent court at Jaipur shall give notice

                                   to both the parties of the date on which they have to remain

                                   present before it.

                                         Stay Petition also stands disposed of accordingly.


                                                                 (DR.PUSHPENDRA SINGH BHATI), J.

78-79 nirmala/-

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