JUDGMENT
Arun Madan, J.
1. Heard learned Counsel for the petitioner and the learned Public Prosecutor for the State.
2. From the perusal of the petition prima-facie I am satisfied that there are sufficient grounds made out for transfer and withdrawal of the proceedings pending against the petitioner before the learned A.C.J.M., Gangapur City, District Sawaimadhopur in Criminal Case No. 443/1994 arising out of FIR No. 164/97 titled State v. Sanjeev Kumar and Ors. The grounds on which the transfer of the case has been sought are that fair and impartial trial cannot be held in the Court at Gangapur city in view of the fact that the father of Smt. Subha Laxmi, the complainant in the case at whose instance criminal proceedings were initiated against the petitioners, is permanent resident of Gangapur City, while the petitioners are the permanent residents of Jaipur, out of which petitioner No. 1 is husband of the complainant and petitioner Nos. 2 to 5 are the family members of the said petitioner. On medical ground it has been stated that the father and me mother of the petitioner No. 1, who are petitioner Nos. 2 and 3 respectively are suffering from ill- health and are in the age group of 70 and 65 respectively. Another ground on which the transfer has been sought is that out of 13 witnesses cited by the complainant/prosecution at least 11 witnesses are permanent residents of Jaipur and this fact is also borne out from the list of the prosecution Witnesses which has been placed on the record of this Court alongwith additional affidavit of the petitioner. Yet another ground on which the transfer has been sought is that it is a case of protracted and long trial, since the challan was filed in the case Way Back on 4.6.1994 against Sanjeev Kumar petitioner No. 1. As regards remaining accused it was mentioned that the challan was incompetent since the investigation was pending against them under Section 173 (8), Cr.P.C. However, notwithstanding this the learned A.C.J.M., Gangapur city took cognizance of the matter against Sanjeev Kumar by condoning delay in filing the charge-sheet as against the co-accused. From the perusal of the FIR it is revealed that the alleged offence under Sections 498A and 406, IPC was committed at Jaipur, whereas the challan has been filed by the prosecution in the Court of learned A.C.J.M., Gangapur city who took cognizance against the petitioners.
3. During the course of hearing I have been informed that proceedings arising out of divorce petition has also been filed by the husband Sanjeev Kumar against his wife Smt. Subha Laxmi in the Family Court at Jaipur but the further proceedings in the said petition have been kept in abeyance by the learned Family Court at the request of the petitioner.
4. Before deciding the case on merit/if shall be pertinent to refer to the provisions of Section 407, Cr.P.C., 1973 which deals with the powers of the High Court to transfer the cases and appeals on the grounds inter alia as under:
(a) that a fair and impartial inquiry or trial cannot be had in any Criminal Court subordinate thereto, or
(b) that some question of law of unusual difficulty is likely to arise, or
(c) that an order under this section is required by and provision of this Code, or will tend to the general convenience of the parties or witnesses, or is expedient for the ends of justice.
5. During the course of hearing learned Counsel for the petitioner has confined his arguments to Clauses (a) and (c) of Section 407(1) of the Code and sought the transfer of the proceedings from the Court of A.C.J.M., Gangapur City to the Court of C.J.M., Jaipur City, Jaipur.
6. Prima facie I am satisfied that sufficient grounds have been made out by the petitioner for withdrawal of the proceedings from the Court of A.C.J.M., Gangapur City and transfer to the Court at Jaipur as stated above. However, the interest of justice demands in all fairness that before Smt. Subha Laxmi, the wife of petitioner No. 1, be directed to participate in the criminal proceedings arising out of Criminal Case No. 443/1994 (FIR No. 164/87), petitioner should be held responsible to bear all necessary expenses for her travelling to and from Gangapur City to Jaipur and also to make proper arrangements for her stay at Jaipur. The expenses shall be paid to her the same day on production of relevant bills by Smt. Subha Laxmi before the Presiding Officer of the Trial Court at Jaipur.
7. In the light of the above discussions, the transfer petition is consequently allowed and as a result the proceedings arising out of FIR No. 164/84, titled State v. Sanjeev Kumar and Ors., Criminal Case No. 443/94 shall stand withdrawn from the Court of A.C.J.M., Gangapur City and shall stand transferred to the Court of C.J.M./ Jaipur City, Jaipur who may either try the same himself or transfer the same to any competent Court at Jaipur.