Renu Srivastava vs. Meena Srivastava

IN THE SUPREME COURT OF INDIA CRIMINAL ORIGINAL JURISDICTION

TRANSFER PETITION (CRL.) NO. 502 OF 2023

RENU SRIVASTAVA

PETITIONER(S)

VERSUS

MEENA SRIVASTAVA

RESPONDENT(S)

O R D E R

The petitioner-wife has filed the petition under Section 406 of the Code of Criminal Procedure, 1973 before this Court seeking transfer of Case bearing bearing RCT 5374/2021 titled "Meena Srivastava Vs. Rahul Srivastava", pending before the Court Judicial Magistrate First Class, Gwalior, M.P. to the Competent Court at Kanpur Nagar, Uttar Pradesh.

Heard learned counsel for the parties. Though in an appropriate case the request of the present nature would not have been accepted, in the present facts I notice that the complaint as initiated by the respondent, who is the mother-inlaw of the petitioner, in fact requires to be transferred as prayed by the petitioner since the petitioner will have to appropriately defend such a complaint. Therefore accepting the grounds put forth, the prayer is accepted. Hence, the case bearing bearing RCT 5374/2021 titled "Meena Srivastava Vs. Rahul Srivastava", pending before the Court Judicial Magistrate First gita v signed<br>ajni Mukhi<br>ate: 2024-03.09 Gwalior, M.P. is ordered to be transferred to the Competent Court at Kanpur Nagar, Uttar Pradesh.

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However, keeping in view the nature of the complaint, it would be open for the respondent to seek exemption from appearing or to seek appearance through virtual mode. If such request is made, the transferee court shall consider the same.

Let the record of the case be transferred without delay.

The Transfer Petition is disposed of in the afore-stated terms.

Pending application(s), if any, shall stand disposed of.

……………………………………………………………J. [A.S. BOPANNA]

NEW DELHI; MARCH 07,2024

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S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Transfer Petition (Crl) No. 502/2023

RENU SRIVASTAVA Petitioner(s)

VERSUS

MEENA SRIVASTAVA Respondent(s)

(IA No. 142341/2023 - EX-PARTE STAY AND IA No. 142342/2023 - EXEMPTION FROM FILING O.T.)

Date : 07-03-2024 These matters were called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE A.S. BOPANNA

• For Petitioner(s) Mr. Vivek Aggarwal, Adv. Mr. Vishal Arun Mishra, AOR
• For Respondent(s) Mr. Shishir Kumar Saxena, Adv. Mr. R.N. Pareek, Adv. Mr. Brijendra Singh, Adv. Mr. Ankur Parihar, Adv.
• Mr. Jagmohan Pareek, Adv.
• Mr. P.K. Sinha, Adv.
• Mr. Dhirendra Pratap Srivastava, Adv.
• Mr. Praveen Swarup, AOR

UPON hearing the counsel the Court made the following O R D E R

The Transfer Petition is disposed of in terms of signed order.

Pending application (s) shall stand disposed of.

(RAJNI MUKHI) (DIPTI KHURANA) COURT MASTER (SH) ASSISTANT REGISTRAR (Signed order is placed on the file)