There is one more case which is a petition under Section 125 of the Code of Criminal Procedure, 1973 filed by the wife which is pending in the Court of the learned Chief Judicial Magistrate at Kasauli, District Solan, Himachal Pradesh. Thus, there are more than one cases pending in the Courts in District Solan, Himachal Pradesh Transfer Petition (C)No.1770/2021 2/7 filed at the instance of the wife. His third submission is based on a decision of this Court in Jyoti Mishra v. This Court noticed that that apart from the husband, there were other accused in the case which were not made parties to the Transfer Petition. Paragraph 21 relied upon by the learned senior counsel appearing for the respondent deals with the contingency where after transfer, the accused may not get fair trial. In this case, there is nothing placed on record to show that after the transfer of the case, the respondent will not get a fair trial. Therefore, we cannot accept the Transfer Petition (C)No.1770/2021 5/7 objections raised by the learned senior counsel appearing for the respondent, while opposing the prayer for the transfer of the criminal case. Dev Raj Singh “, pending before the Chief Judicial Magistrate, Jaisalmer, Rajasthan is ordered to be transferred to the Chief Judicial Magistrate, Kasauli, district Solan, Himachal Pradesh; Transfer Petition (C)No.1770/2021 6/7 (iii)The Court to which criminal case mentioned in clause (ii) above is transferred, shall endeavour to fix the same date in the criminal case which is fixed in the other matters pending in the Courts at Solan, Himachal Pradesh; and (iv) On a formal application being made by the respondent-husband, the transferee Court will grant exemption to the respondent-husband from personal appearance, subject to the condition that whenever the said Court passes an order requiring his personal presence, he shall personally remain present in the Court.
Case Title: ANKITA BHATI Vs. DEV RAJ SINGH BHATI (2023 INSC 643)
Case Number: T.P.(C) No.-001770 / 2021
