ANIL KUMAR AGGARWAL Vs. JAMIL A. KHAN

JUDGEMENT

(1.) The petitioner has preferred the present petition under Sec. 407 of Cr.P.C. to seek transfer of Suit No.7111 of 2020, "State of Uttarakhand vs. Jameel A. Khan & others", under Sec. 406 IPC, pending in the Court of Chief Judicial Magistrate, Rudrapur, District Udham Singh Nagar to any other place in the State of Uttarakhand.

(2.) The case of the petitioner is that he booked three flats in the NRI Lake City Rudrapur, which were being constructed by M/s Samia International Builders Pvt. Ltd. Respondent Nos.1 and 2 are the CMD and Director of the said company respectively. The petitioner paid total Rs.37.00 Lakhs towards the sale consideration of three flats. The said company, however, did not deliver possession of the flats to the petitioner. Consequently, the petitioner lodged a police complaint under Ss. 420, 467, 468, 471 IPC, on the basis of which, FIR No.0102 of 2018 was registered at Police Station Rudrapur, District Udham Singh Nagar on 9/3/2018. After investigation, charge-sheet stands filed in the said case before the CJM, Udham Singh Nagar under Sec. 406 .. The accused, i.e. the respondents, were summoned vide order dtd. 10/12/2020.

(3.) The case of the petitioner is that to attend to the case which was fixed on 5/3/2021 he left from Dehradun by taxi to Rudrapur, Udham Singh Nagar. He claims that two masked men approached him and threatened him in the following words:-