KAVITA CHAUDHARY Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Nasiruzzaman, learned counsel for the applicant, Sri Gopal Chaturvedi, learned Senior Advocate assisted by Sri Aditya Gupta, learned counsel for the opposite party nos. 2 to 4 and Sri Ratan Singh, learned A.G.A. for the State and perused the record.

(2.) The present application under sec. 407 of Cr.P.C. has been filed by the applicant seeking transfer of Sessions Trial No. 30 of 2024 (State vs. Nitin Dagar and others) in Case Crime No.547 of 2023, under Ss. 302/34, 120B/302 IPC and Sec. 3/25/27 of Arms Act, P.S. Sihani Gate, District Ghaziabad pending in the Court of Additional Sessions Judge, Court No.13, Ghaziabad to be transferred to any other competent Court at Aligarh mainly on the ground that respondent nos. 2 and 3 are the practicing Advocates and the applicant being a poor widow is under their threat perception and is unable to procure any competent Lawyer to contest her case.

(3.) Learned counsel for the applicant has contended that threats have been extended by the opposite party no. 2 Nitin Dagar from the jail whereas the co-accused opposite party no.3 Amit Dagar and opposite party no. 4 Anuj @ Palu have extended threats from outside the jail. Amit Dagar and Nitin Dagar are the practicing Advocates at Ghaziabad and due to which the applicant is not able to engage a competent Advocate. Further, it has been asserted that the applicant being a poor widow, is staying at Aligarh alongwith her father Vijay Singh and her brother Dinesh Singh, who is an eye witness account in the said Sessions Trial. The applicant is apprehensive for their life and limb and has even approached the police authorities to provide them the security guards.