KASMUN NISAN Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned counsel for the parties and perused the record, including counter and rejoinder affidavits, already exchanged.

(2.) This transfer application has been filed under Section 407 Cr.P.C to transfer the Case No. 184 of 2012 (State Vs. Gulam Muhiuddin & others) pending in the Court of Judicial Magistrate, Kanpur Dehat arising out of Case Crime No. 76 of 2009, under Sections 498-A, 323, 504, 506, 324 IPC and 3/4 D.P.Act, P.S. Rajpur, District Kanpur Dehat to some other neighbouring district.

(3.) The ground of transfer in nutshell is that opposite party No.2 to 11 are the accused in Criminal proceeding under Sections 498-A, 323, 504, 506, 324 IPC and 3/4 D.P.Act, P.S. Rajpur, District Kanpur Dehat pending before the Court of Judicial Magistrate, Kanpur Dehat. The applicant's contention is that prosecution witness could not be produced due to terror of the accused/ respondent No.2 to 11 and applicant and her father were threatened for dire consequences. Applicant has given application for protection by police to the Judicial Magistrate Ist , Kanpur Dehat but no action has been taken and police has also not provided any protection to the applicant and her family.