High Courts(2008) 01 AHC CK 0156

Aadesh Suryavansi, Km. vs State of U.P.

Allahabad High Court · Decided on 17 January 2008

HON’BLE JUDGES
A.K.Roopanwal, J
RESULT
Dismissed
CASE NUMBER
Criminal T.A. No. 34 of 2008

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Judgment

5 paragraphs · 227 words

A.K. Roopanwal, J.—This transfer application has been moved by the first informant of a murder case to transfer the case No. 2376/07, under section 302, IPC from the Court of C.J.M. Firozabad to District Kanpur Nagar.

2.

I have heard Mr. Jayant Kumar, learned Counsel for the applicant, learned AGA for the State and perused the record.

3.

Mr. Kumar argued that his client is apprehending her murder if she attends the Court at Firozabad. She was also attacked by the other side once in Firozabad. Therefore, it is desirable that the case be transferred from the Court at Firozabad to some other nearby District more particularly at Kanpur Nagar where the complainant is presently residing.

4.

It is not disputed that the case has been charge sheeted. For the conduct of the case the presence of the informant shall be required only once or twice and for that there is no propriety to transfer it from Firozabad to some other District if police protection is provided to her to go to Firozabad and to come back.

5.

I, therefore, in the circumstances of the case reject this transfer application at this stage and provide that S.S.P., Kanpur Nagar shall provide police protection to the lady from Kanpur to Firozabad whenever she is required to attend Court at Firozabad. This protection shall be provided free of cost.