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Judgment
Dharam Veer, J.—Heard Mr. Dharmendra Barthwal, learned Counsel for the applicant as well as Mr. Amit Bhatt, Additional Government Advocate for the State. None is present for respondent Nos. 2, 3 and 4.
By way of this application moved u/s 407 of The Code of Criminal Procedure, 1973 the applicant has prayed to transfer Sessions Trial No. 193 of 2006 State of Uttarakhand v. Siraj and Ors. to Another Sessions court situated in some other District other than Dehradun.
The applicant has sought transfer of the aforesaid case on the ground that the learned Additional District Judge/F.T.C. IV, Dehradun, during the course of arguments, has revealed his mind that the accused persons (respondent Nos. 2, 3 and 4) would be sentenced for the period of imprisonment already undergone by them. The applicant/complainant believes that the victim i.e. applicant/complainant''s daughter, in view of the pre-mediated mind in favour of the accused, will not get complete justice and the learned Trial Judge will convict and sentence the accused persons (respondent Nos. 2, 3 and 4) for the period already undergone by them, which according to the applicant would be lighter sentence.
The ground taken by the applicant is not sufficient and justified to transfer the case.
Apart from above, on 13.4.2010, notices were directed to be issued against respondent Nos. 2, 3 and 4 but it was reported that the respondents are not residing at the given address. Thereafter on 24.6.2010 and then on 29.6.2010, time was granted to the applicant to furnish correct addresses of the unserved respondents but compliance of the aforesaid orders have not been made by him till today. Hence, in view of the fact that the respondent Nos. 2, 3 and 4 are not served and the applicant has failed to furnish correct address of the private respondents, the transfer application is liable to be dismissed.
After considering the entire facts and circumstances of the case and after hearing learned Counsel for the parties, I do not find any good ground to transfer the Sessions Trial No. 193 of 2006 State of Uttarakhand v. Siraj and Ors. to Another Sessions court situated in some other District other than Dehradun.
In view of the above, the application moved Under Sections 407 of The Code of Criminal Procedure, 1973 is hereby dismissed.