Divyajyoti Jitendra Singh Mehangia vs Jitendra Singh on 29 May, 2020

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Supreme Court - Daily Orders

Divyajyoti Jitendra Singh Mehangia vs Jitendra Singh on 29 May, 2020

Bench: Aniruddha Bose

                                                        1
                                          IN THE SUPREME COURT OF INDIA
                                         CRIMINAL ORIGINAL JURISDICTION

                                TRANSFER PETITION (Crl.) NO.         105      OF 2019



     DIVYAJYOTI JITENDRA SINGH MEHANGIA                                        Petitioner(s)


                                                         VERSUS

     JITENDRA SINGH                                                            Respondent(s)


                                                    O R D E R

Heard learned counsel for the parties. The petitionerwife seeks transfer of a petition instituted by the husband under Section 67 of the Information Technology Act read with Section 500 of the Indian Penal Code for defamation. There are several cases pending between the parties arising out of their matrimonial dispute and the present application appears to be a collateral proceeding. The subject petition is pending before the Court of Judicial Magistrate First Class, Nagpur. Other four cases are pending before the Principal Judge, Family Court, Indore. The wife at present resides in Indore, as submitted by his learned counsel.

Learned counsel appearing for the respondent submits that Signature Not Verified the present case, the transfer of which s asked for cannot be Digitally signed by ASHA SUNDRIYAL Date: 2020.06.08 11:19:00 IST Reason: equated with other cases, as several witnesses are required to be examined. Witnesses are based in Nagpur. 2 Having considered the submissions made on behalf of both the parties, in my opinion the complaint case No. 3611 of 2018, pending before the Court of the 10th Judicial Magistrate First Class, Nagpur (Maharashtra) should be transferred to the Court of Judicial Magistrate, First Class, Indore, Madhya Pradesh as that would serve interest of justice.

So far as examination of witnesses is concerned, considering the prevailing situation arising out of COVID19 Pandemic, the complainant may apply to the transferee court for conducting examination of the witnesses through Video Conferencing facility.

The Family Court, Nagpur shall send the case record to the transferee Court promptly and without any delay.

The Transfer Petition is allowed in the aforesaid terms.

...................J. (ANIRUDDHA BOSE) New Delhi;

29th May, 2020.

ITEM NO.8             VIRTUAL COURT NO.7                SECTION XVI-A

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

Transfer Petition(s)(Criminal)    No(s).   105/2019

DIVYAJYOTI JITENDRA SINGH MEHANGIA                    Petitioner(s)

                                  VERSUS

JITENDRA SINGH                                        Respondent(s)

IA No. 25846/2019 - EX-PARTE STAY Date : 29-05-2020 This matter was called on for hearing today. CORAM :

HON'BLE MR. JUSTICE ANIRUDDHA BOSE For Petitioner(s) Ms. Vidula Mehrotra,Adv.

Mr. Shashank Bajpei,Adv.

Dr. Ashutosh Garg, AOR For Respondent(s) Mr. Aditya Shekhar,Adv.

Mr. Pulkit Tare, AOR UPON hearing the counsel the Court made the following O R D E R Transfer Petition is allowed in terms of the signed order.

Pending applications, if any, stand disposed of.

(SUMAN WADHWA)                                     (Kamlesh Rawat)
  AR-cum-PS                                         Branch Officer

Signed order is placed on the file.

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