ORDER
K.L. Issrani, J.
1. The present application is under Section 407 read with Section 482, Criminal Procedure Code for transfer of Criminal Case No. 199 of 1990, State of M.P. v. Arvind Singh and 2 others, pending in the Court of Judicial Magistrate, First Class, Raipur.
2. This case is under Sections 4 of Dowry Prohibition Act and 498-A, 506-B/34 and 323, Indian Penal Code.
3. The submission of the learned counsel for the applicant is that the non-applicant No. 3 had been to Gwalior where she is residing at present and threatened her of dire consequences in case she goes to Raipur for giving the statement. For this incident, she has also lodged report in the police on 26-9-1990 (Annexure-C). The submission of the learned counsel for the applicant is that the case be transferred out of Chhatisgarh.
4. The submissions and prayer of the applicant are vehemently opposed by the learned counsel for the non-applicant. Non-applicant Ravindra Singh has also filed his affidavit denying all the allegations made by the applicant. The submission of the learned counsel for the non-applicants is that if the applicant has any apprehension she may apply to the Court concerned for giving her protection, but that is not done. Learned counsel has relied on the authorities; Narain Singh v. State, 1987 MPLJ 387 and Balit Singh v. State of J. and K., AIR 1982 SC 1558.
5. It is pertinent to note that in the present case the applicant is only a prosecution witness. She has to attend the case only once for giving her statement. In her report in police station at Gwalior she has mentioned that on 20th May, 1990 Ravindra Singh had been to maternal grand-father of the applicant and asked him that whatever you people have done is not good and that he will see on their coming to Raipur. The other allegation is that on 16th August, 1990 non-applicant Ravindra Singh threatened her to take back her case otherwise she and her family members will be finished. The third allegation is that on 26-9-1990 some unknown persons threatened her brother. The total allegations are of terrorizing. In such case she can very well approach to the Court at Raipur for giving her the police protection. In the case of Narain Singh v. State (supra), such allegations were held to be not falling in any of the clauses under Section 407 necessitating transfer of the case. In that case directions were given to the District Magistrate and Superintendent of Police to take special precautions whenever the petitioners visit for the trial. In the case of Baljit Singh v. State of J. and K. (supra), which was also a case of transfer of criminal case, it was ordered that the case is to be tried by the Court which had the territorial jurisdiction. In this case it is the Raipur Court, which has the territorial Jurisdiction.
6. It is not known as to what action has been taken by the police on the report lodged by the applicant. However, it is directed that the District Magistrate and Superintendent of Police, Raipur, shall take special precautions that whenever the applicant and her parents visit Raipur for giving statement in the case, they should be given full protection. It shall also be seen that they are in no way harassed by the non-applicants and others. Sufficient Police force should be ordered to be present by the district authorities on the date when the hearing of the case is taken up by the Court concerned.
7. With the above directions, the petition praying for transfer of the case is dismissed.