Subhash Rani Vs Rakesh Kumar

.....section 173 of the cr.p.c. under which the police submits reports after investigation and after further investigation, section 190 of the cr. p.c. under which the magistrate takes cognizance of an offence upon a police report and section 482 of the cr.p.c. under which the high court exercises its powers to quash the criminal proceedings. report of police officer on completion of investigation. cognizance of offences by magistrate. sub-section (8) of section 173 further provides that where upon further investigation, the officer in charge of the police station obtains further evidence, oral or documentary, he shall also forward to the magistrate a further report regarding such evidence and the provisions of sub-section (2) of section 173, cr.p.c., shall, as far as may be, apply in relation to such report or reports as they apply in relation to a report forwarded under sub-section (2). thus, the report under sub-section (2) of section 173 after the initial investigation as well as the further report under sub-section (8) of section 173 after further investigation constitute "police report" and have to be forwarded to the magistrate empowered to take cognizance of the offence. r.p. kapur moved the punjab high court under section 561-a of the code of criminal procedure for quashing the proceedings initiated by the first information report. .....under section 9 of the act is only to harass the applicant.4. learned counsel for the respondent has vehemently opposed the prayer.5. i have heard the learned counsel for the parties.6. hon'ble the supreme court in neelam kanwar vs devinder singh kanwar, 2001(1) m.l.j. 509 (sc), has observed as under:-"we are mindful of the fact that the petitioner is a lady and first respondent is a male, and, therefore, for convenience of wife, a transfer to the place where the lady is residing, would be preferred by this court unless, it is shown that there are special reason not to do so. no special reason is shown."7. mrs. subhash rani, the applicant-wife, is residing at distt. rupnagar. the respondent-husband filed a petition under section 9 of the act, which is pending before learned additional civil judge (sr. divn.), balachaur. it would certainly be difficult for the wife, living at the mercy of her parents, having no source of income and saddled with the responsibility of raising her minor daughter, to attend the court proceedings at balachaur. ta no.175 of 2011 38. considering the fact that the applicant is a resident of distt. rupnagar and primarily, the convenience of the wife is to be seen, therefore, in my opinion, the balance of convenience is in favour of the applicant-wife and against the respondent.9. in view of the above, the instant transfer application is allowed and the petition under section 9 of the act titled as 'rakesh kumar v. subhash rani' is withdrawn from the court of learned additional civil judge (sr. divn.), balachaur, and is transferred to the court of competent jurisdiction at rupnagar. the entire record pertaining to the petition under section 9 of the act shall be sent by the trial court at balachaur to the learned district judge, rupnagar, within three weeks, who will either himself dispose it of or entrust it to any other court of competent jurisdiction.