TRANSFER PETITION (CRIMINAL)
N THE SUPREME COURT OF INDIA
CRIMINAL ORIGINAL JURISDICTION
TRANSFER PETITION (CRIMINAL) NO. ……. / 20…….
TRANSFER PETITION UNDER SECTION 406 OF THE CODE OF CRIMINAL PROCEDURE , 1973 READ WITH ORDER XXXVI- OF THE SUPREME COURT RULES, 1966
IN THE MATTER OF:
PARTY A ……PETITIONER
PARTY B ……RESPONDENTS
The Hon’ble Chief Justice of India and his companion Justices of the Supreme Court of India
The humble petition of the petitioners above-named
MOST RESPECTFULLY SHOWETH:
That the Transfer Petition filed under section 406 of the code of criminal procedure, 1973 seeking the transfer of case no. 1313 under sections 498-A/34 I.P.C P.S titled as Shikha Bhatnagar Vs. State of U.P and others pending before the session court, Saharanpur to District court.
That the petitioner is at present residing at 269 pawan vihar ,opp. Dayawati inter college near malhipur road Saharanpur with her brothers and engaged in the different jobs to feed herself and her brothers. That the brief facts of the case are:
That the petitioner was married on 22.01.2021 from 25.08.2023 with the respondent Shri Bablu Narayan Sharma at Saharanpur according the rites and rituals stated under the Hindu Law.
That at the time of the marriage the father of the petitioner had given a dowry according to their financial status. Two daughters were born out of the wedlock to the petitioner and at present both children are with the respondent.
That after 3 months of marriage the petitioner was brutally tortured by her mother-in-law and brother-in-law for bringing more dowry and also threatened to kill her.
That the petitioner just after the marriage came back to her parents house and narrated the story anyhow the dowry amount amounted to Rs. 75000/- arranged and fulfilled their demands.
That the respondents didn’t stop harassing , torturing inspite of giving such a huge amount, asked for more more dowry and put up false allegations upon her.
Further in order to stop the harassment the petitioner’s father in the last three years fulfilled the demand by giving cooler, mattresses and other valuable articles but the respondent did not change his behaviour.
That the petitioner was mercilessly beaten and was thrown out of the house by the respondent and his mother, father, younger brother, sisters and other members.
That on 22.04.2022 petitioner lodged a police complaint with the Assistant Commissioner of police P.S Saharanpur . A copy of the complaint is hereby annexed and marked as Annexure-1.
That the petitioner wrote a letter to D.G.P , National Human Rights Commission , action was taken and F.IR was lodged on 24.04.2022 at Saharanpur against the respondents and his relatives. A copy of the same is annexed herewith and marked as Annexure-3.
Further Anticipatory bail have already been obtained by the respondents from the court of Shri Joginder Singh , Session Judge. A copy of the bail order dated 1.05.2022.
That since the institution of the case no progress has been made and whenever the petitioner goes to attend the case she faces a lot of problems and being continuously threatened and compelled to withdraw the case.
That the petitioner is seeking and constrained to approach this Hon’ble Court for transfer of case under section 498-A and Section 341 I.P.C to the district court.
Because the case of the petitioner has been registered at Saharanpur where the respondent are residing and manipulating the case proceedings.
Because the petitioner is residing at her parents house and the first complaint dated ……was lodged with Saharanpur police station and another lodged at National Human Rights Commission.
Because after every proceeding the petitioner has to go alongwith her brother for the safety and to bear her own expenses. As there is always a threat to the life of petitioner.
Because the case has been lodged the respondents not allowing the case to progress and every time they take a date on the pretext of one or the other or manipulating with the evidences.
That the petitioner has not filed any other petition either before this Hon’ble Court or any other Court.
It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased:
To transfer the divorce Proceeding No. ……. Of 20…… in the court of the principal Sub-ordinate Judge …….. to the competent Court of Civil Judge, District …… State of …… and
To pass such other and/or further order (s) and/or directions as may be deemed just and proper.
And for this act of kindness, the petitioner shall ever pray as in duty bound.
NEW DELHI Drawn and Filed by:
FILED ON …… Advocate for the petitioner