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Judgment
Gautam Kumar Choudhary, J
Instant petition has been filed for transfer of Complaint Case No.2130 of 2018 under Sections 323, 379, 34 of the I.P.C. filed by father-in-law of this petitioner from Dhanbad to Seraikella.
It is submitted by the learned counsel on behalf of petitioner that instant case is counter to the earlier complaint case filed by this petitioner under Sections 498A, 323, 120B, 34 of the I.P.C. being Complaint Case No.6160 of 2017 which is pending in the Court of Chief Judicial Magistrate, Seraikella. There are other two cases which are pending at Seraikella and only to attend this case she has to come and attend the Court at Dhanbad. She has no one else to support her and she has a daughter and it is highly inconvenient for her to appear on each date at Dhanbad.
Learned counsel on behalf of the opposite party has opposed the petition. It is submitted that there are altogether 13 witnesses of Dhanbad and the complainant is 64 years old and it will cause undue hardship to the witnesses and the complainant to appear in the Court for evidence at Seraikella. The place of occurrence is at Dhanbad and therefore, the normal place of trial would be at Dhanbad
While considering a petition under Section 407 of the Cr.P.C, the balance of convenience of both the parties is to be considered. There is much force in the submission on behalf of the opposite party that the trial will be seriously affected if all the 13 witnesses have to appear for evidence at Seraikella. The accused is not required to appear on each and every date during the course of trial and her personal appearance could be dispensed with and she can appear through pleader by filing petition under section 317 of the Cr.P.C. In such cases, it is expected of the trial Courts to consider such petitions liberally, save and except on dates and stages when the personal appearance is necessary.
It will not be in the interest of justice to transfer the present case.
Transfer petition accordingly stands dismissed.