Court No. - 18 Case :- U/S 482/378/407 No. - 429 of 2006 Petitioner :- Amresh Bahadur Singh (U/S 407cr.Pc) Respondent :- State Of U.P.& 2 Ors. Petitioner Counsel :- Brijesh Kumar Singh Respondent Counsel :- Govt.Advocate,Rajat Singh Chauhan Hon'ble S.N.H. Zaidi,J.
List revised. None is present on behalf of the opposite parties no.2 and 3
despite the name of their counsel is printed in the cause list.
Heard learned counsel for the applicant and the learned A.G.A. for the State.
This application under section 407 Cr.P.C. has been filed for transfer of
Sessions Trial No. 305 of 2005, State vs. Digvijay Singh and another, under
section 364 I.P.C. from district Sitapur to any other district.
Shri B.K.Singh, learned counsel for the applicant, submitted that the applicant
is the informant/complainant of the said Sessions Trial pending in the Court
of Additional Sessions Judge, Sitapur wherein except the statement of the
applicant, the testimony of other witnesses has been recorded, but since
during the investigation of the case on 26.06.2003, when the applicant had
visited Sitapur, he was threatened by the accused persons and their
companions and he was also subsequently threatened on phone, therefore, he
is fearing to his life in visiting Sitapur and accordingly a request has been
made for the transfer of the said session trial outside Sitapur.
The record, however, reveals that the applicant did not make any complaint at
that time to the police in respect of the alleged incident of 26.06.2002. The
applicant has also not moved the trial court for his protection or for provision
of any security to him. Learned counsel has, however, referred to certain
applications sent to the District Magistrate and the Sessions Judge, Sitapur
through registered post. The opposite parties no.2 and 3 have denied the
allegations of the affidavit of the applicant in the counter-affidavit, to which
no rejoinder-affidavit has been filed by the applicant.
Considering the circumstances of the case, the ground for transfer of the trial,
does not appear to be sufficient. If the applicant is still apprehensive of his
security in visiting Sitapur on the basis of the threat allegedly extended to him
sometime in 2002, he may move the trial court for providing
protection/security to him. It is, therefore, provided that if the applicant
moves, through counsel, for providing security to the applicant on the dates of
his examination during the trial, the trial Court shall pass appropriate orders
after hearing the parties.
With the above observation, this application is dismissed.
Order Date :- 13.7.2010
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