Uttarakhand High Court
Mohit Kumar vs State Of Uttarakhand And Another on 11 November, 2021
HIGH COURT OF UTTARAKHAND AT NAINITAL
Criminal Misc. Transfer Application No.25 of 2021
Mohit Kumar ........Applicant
Versus
State of Uttarakhand and another ........Respondents
Present:-
Mr. Sachin Kumar Sharma, Advocate for the applicant.
Mr. Pratiroop Pandey, A.G.A. for the State/respondent no.1.
Mr. Gaurav Singh, Advocate for respondent no.2.
JUDGMENT
Hon'ble Ravindra Maithani, J. (Oral)
Instant petition under Section 407 of the Code
of Criminal Procedure, 1973 (for short, "the Code") has
been preferred for transferring the Case No.42 of 2019,
Smt. Sushma and others vs. Mohit Kumar, under Section
125 of the Code from the court of Additional Family
Judge, Laksar, District Haridwar to the court of
Additional Family Court, Roorkee, District Haridwar.
2. There are mainly two reasons given for the
transfer, which is in para 5 and 6 of the petition. It is as
hereunder:-
"5. That it is stated that the applicant is residing at
Village Malli, Post Pundein Tehsil Saharanpur, District
Saharanpur, and the respondent no.2 is residing in
Ganga Enclave Dhandhera, Roorkee, District Haridwar.
6. That the respondent no.2 is a local resident of
Laksar, an undue advantage and abuses and threatens
to applicant frequently on each date and further says
him that the court is under his influence and she will
get the applicant convicted."
3. Heard learned counsel for the parties and
perused the record.
4. Learned counsel for the petitioner would
submit that the respondent no.2, Smt. Sushma, who is
wife of the petitioner, had filed an FIR under Section 498-
A IPC in a Police Station Kotwali Gangnahar, Roorkee and
she, at present is a resident of Roorkee. The petitioner is
resident of District Saharanpur. He has to travel 70 Kms
to attend the court at Laksar, District Haridwar.
Therefore, learned counsel would submit that the interest
of justice would be served if the case is transferred from
the court at Laksar, District Haridwar to the court at
Roorkee, District Haridwar.
5. On behalf of the respondent no.2 learned
counsel would submit that a suit for restoration of
conjugal rights has been filed by the petitioner in the
court at Roorkee. He is presently residing at Roorkee.
Learned counsel would submit that the respondent no.2
is temporarily residing at Roorkee and there is no reason
to transfer the case from the court at Laksar to the court
at Roorkee.
6. Cases may be transferred under Section 407 of
the Code inter alia on the ground of the general
convenience to the parties or witnesses or if it is
expeditious in the interest of justice. The respondent no.2
has filed her claim in the court at Laksar, District
Haridwar. Even in cases, when jurisdiction lies with more
than one court, it is the option of the party to choose the
jurisdiction as per his or her convenience. According to
the petition, respondent no.2 is resident of Tehsil Laksar
and at present, she is staying in Roorkee. The distance
between Roorkee and Laksar admittedly is 20 Kms, as
told at bar by the learned counsel for both the parties.
7. Now, if the petitioner has himself filed a
petition for restitution of conjugal rights in the court of
Roorkee, there appears to be no inconvenience for him to
attend the proceedings instituted by the respondent no.2
in the court at Laksar, which is at a distance of 20 Kms.
Therefore, the part of distance has no bearing in the
instant matter.
8. In para 6 bald and vague allegations have been
made and it is levelled from the mouth of respondent
no.2, when petitioner writes that respondent no.2 has
threatened that the court is under his influence.
9. This kind of general and bald allegations
cannot be entertained to transfer a case from a court to
the another court. The sanctity of the court has to be
maintained, unless there are compelling reasons to
consider otherwise. In the instant case, there is nothing,
which may support the averments, as stated in para 6 of
the petition.
10. In view of the above, this Court is of the view
that there is no reason to transfer the case from the court
at Laksar, District Haridwar to the court at Roorkee,
District Haridwar. Accordingly, the petition deserves to be
dismissed.
11. The petition is dismissed in limine.
(Ravindra Maithani, J.)
11.11.2021
Sanjay
