Virendra Dutt vs State of Uttarakhand and Anil Pandit, Advocate (Now member of Bar Council of Uttarakhand, Nainitial)

Prafulla C. Pant, J.—By means of this application moved u/s 407 Code of Criminal Procedure, 1973, applicant has sought transfer of criminal case No. 2577 of 2007, State v. Virendra Dutt, relating to 2 offence punishable u/s 452 Indian Penal Code, 1860 (for short IPC) pending in the court of Chief Judicial Magistrate, Dehradun, to the court of Chief Judicial Magistrate, New Tehri, District Tehri Garhwal.

Learned Counsel for the applicant submitted that Respondent No. 2 Anil Pandit who is complainant, is an advocate at Dehradun, and using all sought of tactics to delay the trial, and harass the applicant. It is further submitted that on each date applicant who is an accused has to come from Tehri Garhwal to Dehradun.

Between Dehradun to Tehri Garhwal, there is court of Civil Judge (Jr. Div)/Judicial Magistrate, at Narendra Nagar, to which court the criminal case can be transferred so as to remove apprehension of the applicant (accused) who is getting harassed at Dehradun, as the complainant Anil Pandit is an Advocate at that place.

Therefore, having considered submissions of learned Counsel for the parties, and after going through the papers on record, in the interest of justice, this transfer application is allowed. Criminal 3 case No. 2577 of 2007, State v. Virendra Dutt, relating to offence punishable u/s 452 I.P.C., pending in the court of Chief Judicial Magistrate, Dehradun, is transferred to the Court of Civil Judge (Jr. Div.)/Judicial Magistrate, Narendra Nagar, District Tehri Garhwal. (Urgency application No. 2676 of 2011, stands disposed of).