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Judgment
Dharam Veer, J.—None is present for the applicant. Heard Mr. G.S. Sandhu, Government Advocate for the State/respondent.
This application u/s 407 of The Code of Criminal Procedure, 1973 has been sent by the applicant from jail. By way of this application, the applicant has prayed to transfer the case, arising out of Case Crime No. 251/2010 under Sections 419, 420, 177, 120-B and 468 of The Indian Penal Code, 1860, P.S. Almora, pending in the court of A.C.J.M., Ranikhet, District Almora to the court of A.C.J.M., Khatima, District Udham Singh Nagar.
The applicant has sought transfer of the aforesaid case on the ground that he is suffering from breathing disease and is unable to travel in hills. Further, there is none in his family to do Pairvi.
State has filed the affidavits of Ram Saran Jayant, Circle Officer, Almora, District Almora and Tara Dutt Joshi, Jailer, Sub-Jail Haldwani, District Nainital.
According to the affidavit of Ram Saran Jayant, Investigating Officer of the case, the case crime No. 251/10 under Sections 419, 420, 177, 120B and 468 IPC was registered against the applicant and another on the written report submitted by the Registrar General of this High Court and after investigation charge-sheet No. 42/10 dated 30.3.2010 was submitted against the applicant and another in the court concerned on 1.4.2010 and on 13.4.2010 the case was transferred to the court of Judicial Magistrate, Ranikhet and on 7.8.2010, the applicant was produced before the trial court through warrant B and on 20.8.2010 charges were framed against the applicant and another and date fixed for prosecution evidence was 1.9.2010 which was adjourned and the next date fixed for prosecution evidence is 14.9.2010.
Further, as per the affidavit of Tara Dutt Joshi, Jailer, Sub-Jail Haldwani, District Nainital, the applicant is in judicial custody in FIR No. 30/10 u/s 419, 420, 468, 471, 170 IPC, P.S. Khatima as well as in crime No. 251/10 u/s 419, 420, 177, 120B, 468 IPC, P.S. Almora. It is further stated in the affidavit that earlier on 28.4.2010 and 24.5.2010 applicant could not be produced before the trial court due to paucity of police force and on next date i.e. 3.6.2010 the date was also fixed for producing the applicant in Khatima court. On 16.6.2010, 9.7.2010 and 26.7.2010, the applicant could not be produced before the Ranikhet court because production warrant was received in Sub Jail Haldwani after the respective dates as the same was sent through ordinary post and after receiving the same, this fact was reported to the court concerned by radiogram and on 7.8.2010 the applicant was produced before the trial court at Ranikhet. Further, on 20.8.2010 and on 1.9.2010 he was produced before the trial court and now the next date fixed for production of the applicant is 14.9.2010. It is further stated in the affidavit that the applicant is a young man of 28 years and as per latest medical certificate issued by Medical Officer Sub Jail Haldwani, he is clinically fit. A copy of medical certificate is annexed as Annexure No. 1 to this affidavit.
After considering the entire facts and circumstances of the case; hearing learned Government Advocate for the State; perusing the affidavits of Tara Dutt Joshi, Jailer, Sub-Jail Haldwani, District Nainital and that of Sri Ram Saran Jayant, Circle Officer, Almora, District Almora as well as on perusing the medical certificate issued by Medical Officer, Sub-Jail, Haldwani and considering the fact that the applicant is medically fit and is not suffering from such breathing diseases as it was stated by the applicant, I do not find any good ground to transfer the case from the court of Ranikhet to the court of Khatima.
In view of the above, the application moved u/s 407 of Cr.P.C., is hereby dismissed.