Transfer Petition (Criminal) Format Supreme Court

Format of Transfer Petition (Criminal) to be filed in the Supreme Court.

SYNOPSIS

That the instant transfer petition is being filed by the Petitioner under section _______ of the Code of Criminal Procedure, 19_______ read with Order XXXIX of the Supreme Court Rules, 20_______seeking transfer of the maintenance case& consequential proceedings, filed by the mother of the Respondent, bearing M. C. No. __ of 20_______, pending adjudication before the Court of Judicial Magistrate, ____________________ to the Court of ____________________ to ensure justice and to avoid delay or inconvenience to the complainant mother in getting the order of maintenance executed. Transfer of the maintenance case as prayed is necessary and expedient to meet the ends of justice.

The Petitioner was forced to leave deceased husband�s house because of the ill treatment, physical and mental torture.

Having no place to live, the Petitioner went to ___ and lived with her daughters and also filed the maintenance case at the court in ___________. Transfer of said case today is being sought to meet the convenience of parties and also to secure ends of justice and effective implementation of the orders awarding maintenance in favour of the Petitioner.

LIST OF DATES

_______.20_______The Petitioner executed a registered gift deed in favour of the Respondent , whereby the properties in the name of the Petitioner were transferred be way of gift deed in the name of the Respondent.

_______ 20_______The Petitioner was ill treated after execution of the gift deed followed with continuous physical and mental harassment. The Petitioner moved to Chennai and stayed with her daughters.

_______20_______The Petitioner,_______, mother of the Respondent _______filed the petition, bearing M. C. No. __ of 20_______, claiming maintenance from the Respondent before the Court of Judicial Magistrate, _______.

_______20_______After taking cognizance, the summons were issued to the Respondent to appear and contest the said petition. However, the Respondent chose to refuse accepting summons and did not appear before the Court.

_______20______The Court of Judicial Magistrate, _______ passed an order whereby the Court of _______ directed the Respondent to pay to the Petitioner a sum of Rs. _______/- from the date of filing of the petition (wef _______20_______)

_______20_______The Petitioner filed miscellaneous application bearing MC No. __ of 20_______ in the M. C. No. __ of 20_______ under section _______ of the Code of Criminal Procedure, 19_______for issuance of warrant against the Respondent or for attachment of the property belonging to the Respondent for recovery of arrears to the tune of Rs. _______/-and a sentence of imprisonment until the said amount is paid by the Respondent.

_______20_______The Court of Judicial Magistrate, _______ passed an order issuing distrait warrant against the Respondent.

_______20_______Warrant for enforcement of the payment of maintenance by attachment and sale is issued by the Court of Judicial Magistrate, _______ to the District Collector, _______ for payment of Rs. ______/- as maintenance amount.

_______ 20_______The Respondent filed a petition under section 126 (2) of the CrPC read with section 5 of the Limitation Act for setting side the ex parte order dated _______20_______.

_______20_______The Petitioner filed counter affidavit in the Crl. M. P. No. _______ of 20_______ filed in the M. C. No. __ of 20_______ whereby the petition for setting aside of the ex parte order dated _______20_______ is vehemently contested.

_______20_______Hence, this transfer petition.

IN THE SUPREME COURT OF INDIA
CRIMINAL ORIGINAL JURISDICTION
TRANSFER PETITION (CRL.) NO. OF 20_______

IN THE MATTER OF:
POSITION OF PARTIES:
                            TRIAL COURT     THIS COURT
1. _______            Complainant     Petitioner
VERSUS
1. _______             Opposite Party Respondent

TRANSFER PETITION UNDER SECTION 406 OF THE CODE OF CODE OF CRIMINAL PROCEDURE, 19_______ READ WITH ORDER XXXIX OF THE SUPREME COURT RULES, 20_______, SEEKING TRANSFER OF THE MAINTENANCE CASE & CONSEQUENTIAL PROCEEDINGS, FILED BY THE MOTHER OF THE RESPONDENT, BEARING M. C. NO. __ OF 20_______, PENDING ADJUDICATION BEFORE THE COURT OF JUDICIAL MAGISTRATE, ______________ TO THE COURT OF JUDICIAL MAGISTRATE, ______________.

TO,
THE HON�BLE CHIEF JUSTICE OF INDIA
AND HIS COMPANION JUSTICES OF THE
HON�BLE SUPREME COURT OF INDIA.

THE HUMBLE PETITION OF THE
PETITIONER ABOVE NAMED;
MOST RESPECTFULLY SHOWETH:

1. That the instant Transfer Petition is being filed by the Petitioner above named under section _______ of the Code of Criminal, 19_______read with Order XXXIX of the Supreme Court Rules, 20_______seeking transfer of the maintenance case & consequential proceedings, filed by the mother of the Respondent, bearing M. C. No. __ of 20_______, pending adjudication before the Court of Judicial Magistrate, _______to the Court of Judicial Magistrate, ______________ to ensure justice and to avoid delay or inconvenience to the complainant mother in getting the order of maintenance executed. Transfer of the maintenance case as prayed is necessary and expedient to meet the ends of justice.

2. Briefly stated, the factual matrix leading to the instant Transfer Petition is as under:

i. It is stated that the deceased husband of the Petitioner, left behind self-acquired properties admeasuring _______acres of land, an area of land admeasuring _______acre of land in ______________ and several other movable and immovable assets. After death of the husband of the Petitioner in the year 20_______, the properties, both self-acquired and ancestral were divided amongst the legal heirs as per the settlement arrived between the legal heirs in the year 20_______.

ii. The Petitioner, mother of the Respondent on _______20_______executed gift deed of her shares equally amongst two daughters and the son (the Respondent). The Petitioner was forced to leave deceased husband�s house because of the ill treatment, physical and mental torture given to her by the Respondent son and his wife. A copy of the registered gift deed dated _______20_______ executed between the Petitioner and the Respondent is annexed and marked as Annexure P-1 (Pages __ to __).

iii. Having no place to live, the Petitioner went to Chennai and lived with her daughters and also filed the maintenance case on _______.20_______at the court in ______________. A copy of the maintenance case bearing M. C. No. __ of 20_______ filed before the Court of Judicial Magistrate, ______________ on _______20_________ is annexed and marked as Annexure P-2 (Pages __ to __).

iv. After taking cognizance, on _______20_______, summons was issued to the Respondent to appear and contest the said petition. However, the Respondent chose to refuse accepting summons and did not appear before the Court.

v. The Court of Judicial Magistrate, ______________ passed an order on _______20_______whereby the Court of Judicial Magistrate, ______________ directed the Respondent to pay to the Petitioner a sum of Rs. _______ from the date of filing of the petition (wef _______20_______). A copy of the order dated _______20_______passed in by the Court of Judicial Magistrate, _______ in M. C. No. __ of 20_______ is annexed and marked as Annexure P-3 (Pages __ to __).

vi. The order awarding maintenance passed by the Ld. Judicial Magistrate on _______20_______ was not complied with by the Respondent.

vii. The Petitioner, thereafter, filed the miscellaneous application bearing MC No. _______ of 20_______ in the M. C. No. __ of 20_______ under section 128 of the Code of Criminal Procedure, 1973 for issuance of warrant against the Respondent or for attachment of the property belonging to the Respondent for recovery of arrears to the tune of Rs. _______/- and a sentence of imprisonment until the said amount is paid by the Respondent. A copy of the MC No. _______ of 20_______ in the M. C. No. _______ of 20_______ filed before the Court of Judicial Magistrate, _______on _______20_______is annexed and marked as Annexure P-4 (Page __).

viii. The Ld. Judicial Magistrate issued a warrant for enforcement of the payment of maintenance by attachment and sale is issued by the Court of Judicial Magistrate, _______ to the District Collector, _______ for payment of Rs. _______ as maintenance amount. A copy of the warrant issued by the Court of Judicial Magistrate, _______in connection with the M. C. No. __ of 20_______, on _______20_______ is annexed and marked as Annexure P-5 (Page __).

ix. That the Respondent sometime in the month of _______/ _______ 20_______ filed a petition under section 126 (2) of the CrPC read with section 5 of the Limitation Act for setting side the ex parte order dated _______20_______.

x. That the Petitioner, on _______20_______ filed the counter affidavit in the Crl. M. P. No. _______ of 20_______ in the M. C. No. __ of 20_______whereby the petition for setting aside of the ex parte order dated _______20_______ is vehemently contested. A copy of the counter affidavit in the Crl. M. P. No. _______ of 20_______ filed in the M. C. No. __ of 20_______ on _______20_______ is annexed and marked as Annexure P-6 (Pages __ to __).

xi. Transfer of said maintenance case today is being sought to meet the convenience of parties and also to secure ends of justice and effective implementation of the orders awarding maintenance in favour of the Petitioner.

xii. Hence the present Transfer Petition.

3. That the Petitioner is filing the present Petition, on the following amongst other grounds without prejudice to each other:

GROUNDS
A. Because the transfer is being sought to ensure justice is done to the complainant and also to avoid delay or inconvenience in getting the orders passed by the Court of Judicial Magistrate, _______ executed. The distraint warrant dated _______20_______ issued by the concerned court would serve no meaningful purposes as the Respondent has no movable or immovable assets within the jurisdiction of the Court at Alandur, Tamil Nadu. Therefore, transfer of the M. C. No. __ of 20_______will not cause any inconvenience or prejudice to the Respondent.

B. Because in addition to the maintenance case (M. C. No. __ of 20_______), other litigations are pending between parties before the court of competent jurisdiction in West Bengal. The Petitioner, is already representing herself in such proceedings through her advocate authorized to act on her behalf. In case, instant case is transferred to the court of Judicial Magistrate, ____________ no harm would accrue to the Respondent who is residing in _______.

C. Because no prejudice whatsoever would be occasioned to the Respondent if the instant Transfer Petition is allowed.

D. Because the transfer of the maintenance case & consequential proceedings, filed by the mother of the Respondent, bearing M. C. No. __ of 20_______, pending adjudication before the Court of Judicial Magistrate, _______ district � _______ to the Court of Judicial Magistrate, ____________ is necessary and expedient to meet ends of justice.

4. That the Petitioner has not filed any other similar Petition seeking similar reliefs before this Hon'ble Court or any other Court.

5. That the Petitioner has no other alternate or efficacious remedy except to file the present Petition under section 406 of the Code of Criminal Procedure, 1973 read with order XXXIXof the Supreme Court Rules, 20_______ and the present petition is made bonafide and in the interest of justice.

PRAYER
In view of the facts and circumstances of the present case and in the interest of justice, it is most respectfully prayed that this Hon�ble apex Court may be pleased to:-

(I) Transfer of transfer of the maintenance case & consequential proceedings, filed by the mother of the Respondent, bearing M. C. No. __ of 20_______, pending adjudication before the Court of Judicial Magistrate, _______, district � _______, _______to the Court of Judicial Magistrate, ____________; and/ or

(II) pass such other or further order or orders as may be deemed fit and appropriate in the facts and circumstances of the present case.

AND FOR THIS ACT OF KINDNESS, THE PETITIONER AS IN DUTY BOUND SHALL EVER PRAY

Drawn & Filed by:

Date: _______20_______
Place_______