VIRENDRA DUTT S/O. SHRI MADAN MOHAN BIJALWAN Vs. STATE OF UTTARAKHAND THROUGH SECRETARY HOME AND ANIL PANDIT, ADVOCATE (NOW MEMBER OF BAR COUNCIL OF UTTARAKHAND, NAINITIAL)

JUDGEMENT

(1.) BY means of this application moved under Section 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 under Section 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.

(2.) 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.

(3.) 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 under Section 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).