GIRESHWAR PORTE Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Heard.

(2.) By way of instant Transfer Petition, the petitioner has sought for transfer of Criminal Case No. 394 of 2012 from the Court of Judicial Magistrate First Class, Sitapur to any other Court situated in the same Sessions Division at Ambikapur.

(3.) Case in short is that respondent No. 2 the complainant has lodged a first information report before Sitapur Police Station District Surguja against the petitioner which was investigated upon by the Police Station and a case was registered as Crime No. 67 of 2012 against the petitioner for the offence punishable under Section 420 of the Indian Penal Code. Counsel for the petitioner submits that the reason for seeking transfer of the said case from the Court of Judicial Magistrate First Class, Sitapur is that on 23.12.2011 when the petitioner had gone to the Court to mark his appearance in another criminal case i.e. Criminal Case No. 331 of 2010 some anti-social elements gathered in the Court premises, tried to assault the petitioner and also caused damaged to the vehicle of the petitioner. Counsel for the petitioner submits that the said criminal case bearing no. 331 of 2010 was subsequently withdrawn from the Court of Judicial Magistrate First Class, Sitapur and was sent for trial before the Judicial Magistrate First Class, Ambikapur and since then the matter is going on there.