Jiwan Jyot Kaur vs State of Punjab and Another

Gurdev Singh, J.—Heard.

The Petitioner, Jiwan Jyot Kaur, who got lodged FIR No. 27 dated 11.3.2010 u/s 498-A IPC in Police Station, Amargarh, District Sangrur, has filed the present petition u/s 407 Code of Criminal Procedure for the transfer of the criminal proceedings arising out of that FIR and pending in the Court of Judicial Magistrate, Sangrur, to some Court of competent jurisdiction at SAS Nagar, Mohali, on the grounds that she is living with her parents at Mohali and Respondent-Paramjit Singh, who is the accused in the said case, has not paid any maintenance to her and that she is apprehending danger to her life at the hands of that Respondent in case she appears in the Court at Sangrur.

Merely financial constraint on the part of the Petitioner to appear in the Court at Sangrur cannot be made a ground for the transfer of the said criminal proceedings, as she is to appear in that Court only as a witness and she will be entitled to travelling and other expenses for appearing in that Court. There is no document on the record to substantiate her plea that she is apprehending danger to her life at the hands of Respondent No. 2 in case she appears in the Court at Sangrur.

No ground for the transfer of the case is made out. Petition is dismissed accordingly.