Court No. - 49 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 351 of 2010 Petitioner :- Abdul Ajeej @ Nammu & Others Respondent :- State Of U.P. & Another Petitioner Counsel :- Kailash Prakash Pathak,M.K. Mishra Respondent Counsel :- Govt. Advocate Hon'ble Bala Krishna Narayana,J.
Heard learned counsel for the applicants and learned AGA for the State.
The present transfer application has been filed for transferring the proceedings
in Case Crime No. 1596 of 2009 under Sections 498-A, 323, 504, 506 IPC,
P.S. Rajghat, District Gorakhpur to the competent jurisdiction at any other
District Court.
it is contended by learned counsel for the applicants that the applicants,
whenever, went to attend the Court at Gorakhpur, the opposite parties along
with her associates threatened the applicants to compromise the matter failing
which, they will face dire consequences. It is next contended that the
applicants apprehend danger to their lives, if they pursue the case at
Gorakhpur, therefore, it is prayed that the matter may be transferred to any
other District.
The present transfer application is finally disposed of with the direction that in
case the applicants apprehend danger to their lives and person, they may move
an appropriate application along with the certified copy of order of this Court
before the Superintendent of Police, Gorakhpur with regard to their safety, on
the dates fixed in the aforesaid case, the same shall be considered and
disposed off as expeditiously, as possible, in accordance with law, preferably
within a period of 15 days from the date of filing of such application along
with certified copy of the order of this Court before him.
Order Date :- 6.7.2010
Pk