Jharkhand High Court
Vivek Dwivedi vs State Of Jharkhand on 2 May, 2023
Author: Gautam Kumar Choudhary
Bench: Gautam Kumar Choudhary
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Transfer Petition (Crl.) No.03 of 2023
1.Vivek Dwivedi
2.Sachchida Nand Dwivedy
3.Sant Kumar Dwivedy
4.Poonam Devi
5.Pooja Priyadarshi
6.Abhishek Dwivedi .... .. ... Petitioner(s)
Versus
1.State of Jharkhand.
2.Priya Pandey .. ... ...Opp. Party(s)
...........
CORAM :HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY .........
For the Petitioner(s) : Mr. Anjani Nandan, Advocate
For the State : Ms. Anuradha Sahay, APP
......
03/ 02.05.2023. The instant Transfer Petition (Crl.) has been filed for transferring of Daltonganj Sadar, P.S. Case No.77 of 2022 [lodged under Sections 498(A), 406, 419, 420, 376, 511, 34 IPC and Sections 3/ 4 of D. P. Act] filed by the O.P. NO.2 pending in the court of CJM, Palamau to the court of competent jurisdiction of any Court within the jurisdiction of Hon'ble Jharkhand High Court except the District and Sessions Court, Garhwa.
2. It is submitted that the main ground for transferring the case is that the life of the counsel (Mr. Ranjan Kumar Mishra, practicing advocate of Bokaro) representing the petitioners is under threat given by father of the O.P. No.2, namely, Mr. Srikant Pandey, ASI employed in Jharkhand Police in Distri- Garhwa, Jharkhand.
3. Learned APP for the State has vehemently opposed the prayer.
4. Considering the rival submissions of the parties and perusing the material on record, this is a frivolous petition filed for transfer of the case, as such, the same cannot be allowed in view of specific provisions of Section 407 Cr. P.C. Accordingly, the instant Transfer Petition (Crl.) being devoid of merit is dismissed.
(Gautam Kumar Choudhary, J.) Sandeep/ Uploaded