Allahabad High Court
Amresh Bahadur Singh (U/S 407Cr.Pc) vs State Of U.P.& 2 Ors. on 13 July, 2010
Author: S.N.H. Zaidi
Bench: S.N.H. Zaidi
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 ank