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CASE NO.: Transfer Petition (crl.)  108 of 2006

PETITIONER: Mohd. Muntazir Ahmed

RESPONDENT: State of Bihar & Others

DATE OF JUDGMENT: 04/01/2008

BENCH: ALTAMAS KABIR & J.M.PANCHAL

JUDGMENT: JUDGMENT

                       O R D E R TRANSFER PETITION(CRL.) NO.108 OF 2006

       By this transfer petition, the petitioner-husband has prayed for transfer of the cas e pending  before the Chief Judicial Magistrate, Muzaffarpur, Bihar filed by respondent No.4-wife by  way of FIR No.39/2003 dated 3.4.2003 under sections 498A/406/34 IPC.  As has been pointed  out by the petitioner, three similar cases were filed by the respondent-wife in Delhi, one o f  which, namely,MC/62/2004,emanating from FIR No.584/2002 dated 30.12.2002 is at a very  advanced stage before the learned Metropolitan Magistrate, Tis Hazari Court at Delhi.         Having considered the submissions made on behalf of the respective parties, we are o f the  view that in order to avoid a conflict of decisions it is necessary that the aforesaid matte r  pending before the  Chief Judicial Magistrate, Muzaffarpur, Bihar be transferred to the  District & Sessions Judge, Delhi who may thereafter assign the same to the same learned  Court which is hearing the case No.MC/62/2004.  Since, the next date in case No.MC/62/2004  pending at Delhi is 30th March, 2008, as pointed out by the learned counsel for the petition er,  the records of the case pending in Bihar may be transferred to the court of the District &  Sessions Judge, Delhi prior to the said date.  The petitioner shall bear the expenses of the   respondent-wife along with one attendant for travelling and lodging in Delhi for the purpose s  of the transferred case.         The Transfer Petition is disposed of accordingly.