Court No. - 49 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 385 of 2010 Petitioner :- Sher Zaman & Another Respondent :- State Of U.P. & Another Petitioner Counsel :- Saghir Ahmad 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
of Case No.2667 of 2010 arising out of Case Crime No. 30 of 2010 under
Sections 304, 326 IPC & Section 3/181 M.V. Act, P.S. Babupurwa, District
Kanpur Nagar pending in the Court of Chief Metropolitan Magistrate, Kanpur
Nagar 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 Kanpur Nagar the opposite party along
with his associates threatened the applicants to compromise the matter failing
which, they will face dire consequences. It is next contended that the
applicants apprehends danger to their lives, if they pursue the case at Kanpur
Nagar 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, Kanpur Nagar 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 :- 16.7.2010
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