Transfer of 498a case at wife's workplace city

[Harbans Garg]

Facing criminal case u/s 498a at x city for last 3-1/2 years. Almost all material pws have been examined in chief.Further, cross exam.of complainant wife is about to be completed.All pws including 5-6 police witnesses belong to x city.At this stage of case, wife has moved a petition in H/C to transfer case at y city, place of her service, just to harass me and prolong the case proceedings, with plea (1)same H/C (2) accused also working in x city (3) case at initial stage. Complaint,fir and exam-in-chief of pws conducted so far do not disclose any cruelty/offence at x city. All this discloses offences at y city.

[Dr. Ashok Dhamija]

Transfer of a criminal case is ordered by a High Court under Section 407 of Cr.P.C. Such order is issued NOT on the grounds of jurisdiction (i.e., where the offence took place) but on one or more of the following grounds:

(a) that a fair and impartial inquiry or trial cannot be had in any Criminal Court subordinate thereto, or
(b) that some question of law of unusual difficulty is likely to arise, or
(c) that an order under this section is required by any provision of this Code, or will tend to the general convenience of the parties or witnesses, or is expedient for the ends of justice,

It is more like a discretionary power. You may oppose the transfer petition on the grounds mentioned by you or on other grounds available to you, and highlight your difficulties.

     

---

Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[Harbans Garg]

Sir, thanks a lot for your quick response. I had read somewhere from your post/answer to a similar query that place of residence of accused/complainant does not determine jurisdiction for transfer of a criminal case of 498a but place of offence is important as per settled law.
1. .In my case the tentative transferre city is not place of offence
2. All pws/defence witnesses belong to the city where case is running presently for last more than 3years and the proposed transfree city is at a distance of about 400kms from here.
3. No such grounds as highlighted by yourgoodself are involved in the case.
4. The wife was working already at the proposed city of transferring case, when she had filed complaint
of dowry harassment to SSP of Y city where fir was lodged on the basis of that complaint before 4 years and now case is running.
Under these circumstances, I request yourgoodself to guide me if the H/C would consider all these aspects or would simply see that it is a woman and she must be right and would decide matter accordingly.
In anticipation of your kind response, thanks a lot.

[Dr. Ashok Dhamija]

Your second question has been asked twice, and it has already been replied elsewhere at the place where you asked it first.     

---

Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[Harbans Garg]

Sir,
Please refer the matter above. The State has also been made respondent with me in the above transfer petition by wife. Would not the State or prosecution oppose the transfer petition as there are 19 pws including 9 police witnesses in the list of pws provided by prosecution, who enquired/investigated/or dealt with the case at differant levels, living/based at the city where the case is presently running. Or the prosecution/ State has to taker side of the private advocate of the wife. Please advise what is the legal aspect in the matter.

[Author]

Posts