Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.3695 of 2012 ====================================================== 1. Aman Gupta, S/O Shri Mukesh Chander Gupta, C/O Shri Chintamani, C- 145, J.J.Colony,Sector-25,New Delhi 110085 2. Mukesh Chandra Gupta, S/O late C.B. Gupta 3. Smt. Adarsh Gupta, W/O Mukesh Chander Gupta, R/O C-9, Hauz Khas, New Delhi -10016 .... .... Petitioner/s Versus 1. The State of Bihar 2. Mrs. Pallavi Modi Gupta, D/O Pratima Modi, House No.- 2B,Nawab Bagh Colony, Police Line Road, P.S.- Tilkamanjhi, Distt.- Bhagalpur .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. B.P.Pandey, Sr. Advocate Mr. S.C.Giri, Advocate M r. P.K.Sinha, Advocate For the Opp. Party No.2 : Mr. Ajay Kumar Tahkur, Advocate Mr. Prafull Chandra Jha, Advocate For the State of Bihar : Mr. Umesh Prasad Singh, Addl. P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA C.A.V. ORDER 8 28-09-2012 The petitioners have approached this Court under Section 407 of the Code of Criminal Procedure, 1973 ( for short ‘Cr.P.C.’), seeking transfer of Kotwali ( Tilkamanjhi) P.S.Case No. 124 of 2011 dated 6.3.2011, registered under Sections 498A, 406,420,323,120B/34 of the Indian penal Code as also under Sections 3 /4 of the Dowry Prohibition Act, corresponding to G.R. No. 566 of 2011, pending in the court of learned Sub- Divisional Judicial Magistrate, Bhagalpur, from the aforesaid Patna High Court Cr.Misc. No.3695 of 2012 (8) dt.28-09-2012 2 / 7 2 criminal Court at Bhagalpur to any competent criminal court at Patna, within Patna Sessions Division. 2. It is admitted case of the parties that marriage between petitioner no.1 and the opposite party no.2 was solemnized on 4th July, 2010. Petitioner no.2 is the father and petitioner no.3 is the mother of petitioner no.1 of the present application. Unfortunately, the matrimonial relationship between petitioner no.1 and the opposite party no.2 became strained only after few months of their marriage. 3. In the aforesaid factual backdrop, petitioner no.1 filed H.M.A Case No. 5 of 2011 ( Aman Gupta Vs. Pallavi Modi Gupta), before the learned Principal Judge, Family Court, Rohini, Delhi, making certain allegations against the opposite party no.2 and seeking an appropriate relief enumerated in the petition filed on behalf of the petitioner no.1. The aforesaid H.M.A. Case No. 5 of 2011 was subsequently transferred to the court of learned Additional Principal Judge, Family Court, Rohini, Delhi for disposal in accordance with law. 4. It appears that while the aforesaid matrimonial case was pending at Delhi, the opposite party no.2 submitted a written report to the Senior Superintendent of police, Bhagalpur, making allegations of demand of dowry, torture, criminal breach of trust, etc. against her husband ( petitioner no.1) and her parents-in-law( petitioner Nos. 2 and 3). On the basis of the aforesaid written report, Kotwali ( Tilkamanjhi) P.S.Case No. 124 of 2011 dated 6.3.2011 was registered against the accused persons, who are petitioners in the present application, and investigation was taken up. It is also admitted case of the parties that on close of investigation, Police submitted charge sheet Patna High Court Cr.Misc. No.3695 of 2012 (8) dt.28-09-2012 3 / 7 3 against the petitioners on 20.10.2011 for offences sunder [STATUTE] as also under Sections 3 /4 of the Dowry Prohibition Act. By an order dated 21.10.2011, the learned Chief Judicial Magistrate, Bhagalpur has taken cognizance in the aforesaid criminal case for offences under [STATUTE] and Section 3 /4 of the Dowry Prohibition Act and the case has been transferred to the court of learned Sub-Divisional Judicial Magistrate, Bhagalpur for trial and disposal. Summonses were ordered to be issued against the accused persons for their appearance. 5. In the meantime, the opposite party no.2 approached the Hon’ble Apex Court by filing Transfer petition (Civil) No. 391 of 2011 seeking transfer of H.M.A. case No. 5 of 2011 filed by petitioner no.1 against the opposite party no.2, which was pending for decision in the court of learned Additional Principal Judge, Family Court, Rohini, Delhi to the Family Court, Bhagalpur. In the aforesaid transfer petition, petitioner no.1, who was impleaded as respondent, entered appearance and filed a detailed counter affidavit resisting the prayer made in the aforesaid transfer petition. The Hon’ble Apex Court, after hearing the parties and on consideration of materials produced by them, by an order dated 14th November, 2011 transferred the aforesaid Matrimonial case from the court of Additional Principal Judge, Family Court, Rohini, Delhi, to the Family Court, Patna (Bihar). 6. Learned Senior counsel appearing on behalf of the petitioners has submitted that in view of order passed by the Hon’ble Apex Court transferring the Matrimonial case filed by petitioner no.1 from the Family Court, Rohini, Delhi to the Family Court, Patna ( Bihar), the parties as also the witnesses are Patna High Court Cr.Misc. No.3695 of 2012 (8) dt.28-09-2012 4 / 7 4 required to appear before the Family Court at Patna for disposal of the aforesaid Matrimonial case. It is also contended that the material witnesses in the aforesaid Matrimonial case as also in the criminal case filed by the opposite party no.2 are by and large same and common. Therefore, according to the learned senior counsel, for the convenience of the parties and also for the ends of justice, the present criminal case filed by the opposite party no.2, is fit to be transferred from criminal court at Bhagalpur to a criminal court of competent jurisdiction at Patna. It has also been pleaded on behalf of the petitioners that in connection with the criminal case filed by the opposite party no.2, the petitioner had appeared before the learne

Applicable IPC Section: 406

Statute Text:
Section 406 of the Indian Penal Code. Criminal breach of trust. Whoever commits criminal breach of trust shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.