Harbans Garg

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  • in reply to: Transfer of 498a case at wife's workplace city #593

    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.

    in reply to: Transfer of 498a case at wifes workplace city #470

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

    in reply to: Transfer of 498a case at wife's workplace city #464

    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.

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