Crl. Misc. No. M- 2345 of 2011(O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -.- Crl. Misc. No. M- 2345 of 2011(O&M) Date of decision:- 1.3.2011 Monika Sood ... Petitioner Versus State of Punjab & Anr. ... Respondents CORAM:- HON'BLE MR. JUSTICE GURDEV SINGH Present:- Mr. Vikas Kuthiala, Advocate, for the petitioner. Mr. P.S.Bajwa, DAG, Punjab. Mr. P.S.Ahluwalia, Advocate, for respondents No. 2 to 4. Gurdev Singh, J (oral) Heard. This petition under Section 407 of the Code of Criminal Procedure has been filed by the petitioner/complainant – Monika Sood for the transfer of the trial in FIR No.106, dated 13.7.2010 got registered by her under Section 406/498-A IPC in Police Station Sadar Hoshiarpur, from the court of Judicial Magistrate, Ist Class, District Court Hoshiarpur to some competent court at Mohali, on the ground that she was thrown out of the matrimonial home on 17.6.2010 and thereafter she came to her brother, who is working as Class-III Employee in Punjab Government, at Mohali and is at his mercy. No maintenance or litigation expenses have been granted to her and it is difficult for her to attend the Court at Hoshiarpur as she is having no means to go to that place and she is facing threats to her life and liberty at the hands of the respondents, who are very influential people in Crl. Misc. No. M- 2345 of 2011(O&M) -2- Hoshiarpur. This petition has been opposed by learned counsel for the respondents No. 2 to 4 on the ground that the Court is to see not only the convenience of the complainant but also the convenience of the accused and the witnesses. The accused and all the witnesses are residents of Hoshiarpur and there is no ground of giving any threat to the petitioner. He also submitted that respondents No. 2 to 4 are ready to meet the expenses of the petitioner for going from Mohali to Hoshiarpur to appear as a witness and otherwise. For transferring the criminal case the court is not only to see the convenience of one of the party, but is to see the convenience of both the parties and the witnesses as well as the interest of the society at large. The petitioner herself got lodged the FIR at Hosiharpur and it will be in the interest of justice if the trial is conducted at that place. If the petitioner has not the means to go to that place respondents No. 2 to 4 can be directed to pay her travelling and other expenses to enable her to appear as a witness and to pursue the case. Accordingly, they are directed to pay a sum of Rs.15,000/- to the petitioner in order to enable her to appear in the Court at Hoshiarpur as a witness and for pursuing the case. That amount is to be paid to her in the trial Court on 11.4.2011, for which the case is stated to be fixed. The petition is disposed of accordingly. March 1, 2011 (Gurdev Singh) tripti Judge