Suman Shrirang Wadmare vs Kapil Ishwar Kagade and Another

Potdar A.V., J.—By this application, u/s 407 of the Criminal Procedure Code, the applicant-accused in RCC No. 39/ 2008, pending on the file of learned JMFC, Kallamb, has prayed for transfer of the said case to the Court of JMFC, Beed. Heard learned Counsel for the applicant followed by learned Counsel for respondent No. 1 and learned APP.

Undisputedly, the applicant and respondent No. 1 are husband and wife. The applicant is serving in police department Due to certain matrimonial dispute, the applicant is not residing with her husband. It appears that the applicant had suspicion that respondent No. 1 had extra marital relations with some lady. Being annoyed with the said relations, the applicant had been to the house of respondent No. 1 and during the scuffle, she allegedly poured acid on the said lady, which resulted into registration of offence punishable u/s 326 of the Indian Penal Code against the applicant.

It is urged on behalf of the applicant that due to the criminal prosecution, the applicant has been put under suspension and presently she is residing with her parents along with her minor daughter. It is further urged that due to financial constraints, it is becoming difficult for the applicant to attend the proceedings in the Court at Kallamb. It is further urged on behalf of the applicant that though she regularly attends the Court at Kallamb, yet the matter has been adjourned on various occasions, which has caused financial difficulties to her. On these ground, she has claimed transfer of the matter from the Kallamb Court to Beed Court.

Section 407 of the Criminal Procedure Code deals with transfer of case from one Court to another. Section 407 reads thus, "407 Power of High Court to transfer cases and appeals -

(1) Whenever it is made to appear to the High Court-

(a) That a fair and impartial inquiry or trial cannot be had in any Criminal Court subordinate thereto, or

(b) That some question of law of unusual difficulty is likely to arise; or

(c) That an order under this section is required by any provision of this Code, or will tend be the general convenience of the parties or witnesses, or is expedient for the ends of justice,

Perusal of the grounds on which the transfer of the case is sought, nowhere state that there are allegations against the Judicial Officer that if the trial is not transferred then fair and impartial trial will not be held and hence it is necessary to transfer the case. It is also not the contention of the applicant that some question of unusual difficulty is likely to arise. So also it is also not the contention of the applicant that there is inconvenience to the parties, witnesses or the transfer of the case is expedient for the ends of justice. Except the bald assertion that the matter is adjourned on number of times, there is nothing on record to buttress the contention. Considering the rival submissions, the grounds made out for transfer of case are not covered within the provisions of section 407 of the Criminal Procedure Code. Apart from this legal position it has to be considered that one more ground is raised in the application that there is fear in the mind of the applicant for her life and to the life of her child, if she attends the Court at Kallamb. Surprisingly, the applicant claims to be in service of police department, and if the police personnel claim that they apprehend fear to attend the Court, then it is very difficult to believe. According to this Court, this is nothing but a lame excuse pleaded to get sympathy of the Court. In the premise and in view of the fact that no ground, as contemplated u/s 407 of the Criminal Procedure Code, is made out to transfer the case, the application, which is sans merits, stand dismissed.