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Supreme Court - Daily Orders

Preeti Sharma vs Rajesh Qazi . on 15 April, 2014

ÚITEM NO.6                       COURT NO.11                 SECTION XVIA


                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(s). 253 OF 2012

PREETI SHARMA                                                 Petitioner(s)

                     VERSUS

RAJESH QAZI & ORS.                                            Respondent(s)
(With office report )

Date: 15/04/2014      This Petition was called on for hearing today.

CORAM :
          HON’BLE MR. JUSTICE SUDHANSU JYOTI MUKHOPADHAYA
          HON’BLE MR. JUSTICE DIPAK MISRA

For Petitioner(s)
                                Mr. Rishi Malhotra,Adv.

For Respondent(s)
                                Mr. S.K. Ambardar, Adv.
                                Mr. Brajesh Kumar,Adv.

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

The transfer petition is allowed in terms of the signed order.

          [ Neeta ]                            [ Usha Sharma]
           Sr. P.A.                             Court Master

(Signed order is placed on the file) IN THE SUPREME COURT OF INDIA CRIMINAL ORIGINAL JURISDICTION TRANSFER PETITION (CRL.) NO(s). 253 OF 2012 PREETI SHARMA Petitioner(s) VERSUS RAJESH QAZI & ORS. Respondent(s) O R D E R This Transfer Petition under Section 406 of the Cr.P.C., 1973 has been filed by petitioner-wife for transfer of Case No. 10-A/Comptt: DOI:-10.05.2011 titled as "Rajesh Qazi Versus Nand Kishore Sharma & Ors." from Mobile Magistrate Passenger Tax, Shops & Estb. Act, Jammu under the jurisdiction of High Court of Jammu at Jammu to Sessions Court, Ghaziabad under the jurisdiction of High Court of Uttar Pradesh at Allahabad.

In spite of service of notice, respondent has not filed counter affidavit. The averments made in the petition has not been disputed.

Taking into consideration the facts that petitioner is a lady and it will be difficult for her to travel to Jammu from Ghaziabad, U.P. and keeping in view the grounds urged in the transfer petition, we allow the prayer and transfer the Case No. 10- A/Comptt: DOI:-10.05.2011 from Mobile Magistrate Passenger Tax, Shops & Estb. Act, Jammu under the jurisdiction of High Court of -2- Jammu at Jammu to Sessions Court, Ghaziabad under the jurisdiction of High Court of Uttar Pradesh at Allahabad.

The Transfer Petition is allowed.

.............................J. ( SUDHANSU JYOTI MUKHOPADHAYA) ............................J. ( DIPAK MISRA) NEW DELHI;

APRIL 15, 2014