Transfer of 498a case at wifes workplace city

[Harbans Garg]

Sir,

Thanks a lot for your quick response on the subject. 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]

You should ask the supplementary question under the previous question itself by clicking Reply button.

As mentioned in the previous reply, transfer of a case is basically a discretionary power. The words used in Section 407 Cr.P.C., such as “expedient for the ends of justice” may cover a large number of situations.

What you have mentioned may be your grounds of opposing the transfer petition and you may do so. It is not possible for me to speculate as to what will or will not be held by the high court since it is a wide power and a lot of exercise of discretion is involved in this.     

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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]

Thank you very much for your sincere advice and your valuable time taken by me.

[Author]

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