Sonika vs Tek Chand and Another

Gurdev Singh, J.—Heard.

The Petitioner-Sonika, who got lodged FIR No. 327 dated 26.6.2009 in Police Station City Thaneswar, under Sections 323, 328 and 376 read with Section 34 IPC against Tek Chand-Respondent No. 1 has filed the present petition u/s 407 of the Code of Criminal Procedure for transferring titled State v. Tek Chand Sessions Case No. 21 of 2009arising out of the said FIR from the Court of Shri L.N. Jindal, Additional Sessions Judge, Kurukshetra to the District Courts at Hisar, on the grounds stated therein. As per the contentions, she is residing at her parental house along with her minor son, aged one and a half year and there is no male member in the family except her father, who is not keeping good health. She was threatened by Respondent No. 1 with dire consequences and her life and liberty is in danger.

It has not been disputed that another FIR No. 638 dated 11.6.2009 was got lodged against Respondent No. 1 by the Petitioner for which he is standing his trial before the court at Hisar. In addition to that, the application filed by the Petitioner u/s 125 of the Code of Criminal Procedure against the Respondent is also pending in the court at Hisar. If Respondent No. 1 is already going to Hisar to appear in those cases, he will not be put to inconvenience in case the above said case is also transferred to Hisar. The transfer of the case will be for the convenience of the Petitioner, who is a lady having a minor child and not having much support from her parents.

Accordingly, this petition is hereby accepted and the Sessions Case No. 21 of 2009 titled State v. Tek Chand is withdrawn from the file of the court of Shri L.N. Jindal, Additional Sessions Judge, Kurukshetra, and is transferred to the Sessions Judge, Hisar, for deciding the same in accordance with law. The parties are directed to appear before that court on 30.3.2011.