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Manpreet Kaur and Others Vs. State of Punjab and Another - Court Judgment

SooperKanoon Citation

Court

Punjab and Haryana High Court

Decided On

Case Number

CRL. MISC. NO. M-8866 OF 2012 (O&M)

Judge

Appellant

Manpreet Kaur and Others

Respondent

State of Punjab and Another

Excerpt:


.....now shifted to kharar, district sas nagar, mohali. it is stated that the petitioner no.1 is under a mental stress. she fell ill also and is earning his livelihood at kharar and in order to enhance her prospect for job, she has taken a free seat in government quota under fee waiver scheme for doing computer engineering from chandigarh group of colleges at mohali. none has appeared on behalf of respondent no.2 to oppose this prayer for transfer. the facts pleaded in the present petition, therefore, have gone unrebutted for the purpose of passing this order. considering the difficulty expressed by the petitioner and for convenience of the trial, the proceedings in case fir no.57 dated 18.04.2010 registered under sections 420, 34 ipc at police station muktsar are directed to be transferred to the court of competent jurisdiction at kharar. accordingly, the present petition stands allowed.

Judgment:


Ranjit Singh, J.

The petitioners seek transfer of case FIR No.57 dated 18.04.2010 registered under Sections 420/34 IPC at Police Station Muktsar to a Court of competent jurisdiction at Kharar.

The marriage between petitioner No.1 and respondent No.2 was solemnized on 12.10.2009. It is stated that sufficient dowry as per the capacity of petitioners were given to respondent No.2. The dispute arose between the couple on account of which the present FIR has been lodged. The proceedings in this FIR are pending before the Judicial Magistrate Ist Class, Malout. The petitioner No.1 has also filed some complaint under Sections 498-A, 406, 506, 34 IPC. Petitioner No.1 has now prayed for transfer of the aforesaid proceedings as she has come to stay with her parents petitioner Nos.2 and 3, who were earlier staying at Faridkot but has now shifted to Kharar, District SAS Nagar, Mohali.

It is stated that the petitioner No.1 is under a mental stress. She fell ill also and is earning his livelihood at Kharar and in order to enhance her prospect for job, she has taken a free seat in Government quota under fee waiver scheme for doing computer engineering from Chandigarh Group of Colleges at Mohali.

None has appeared on behalf of respondent No.2 to oppose this prayer for transfer. The facts pleaded in the present petition, therefore, have gone unrebutted for the purpose of passing this order.

Considering the difficulty expressed by the petitioner and for convenience of the trial, the proceedings in case FIR No.57 dated 18.04.2010 registered under Sections 420, 34 IPC at Police Station Muktsar are directed to be transferred to the Court of Competent Jurisdiction at Kharar.

Accordingly, the present petition stands allowed.


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