RADHA MOHAN DWIVEDI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) These are ten applications under Section 407 of the Code of Criminal Procedure with the prayer that the criminal cases No. 25 of 1996 (R.C.No. 2(s) of 1995), 34 of 1996 (R.C.No. 3(s) of 1995) and 35 of 1996 under Sections 120-B/376/392/354/323/564, I.P.C.pending before Special Magistrate, C.B.I.Dehradun be transferred to some other district where the court of Special Magistrate, C.B.I.is available as in Lucknow now holding court at Moradabad.

(2.) The facts leading to the present applications may briefly be stated as follows :- As agitation is going on for the creation of a separate Uttarkhand State. On 1-10-1994, the Uttarkhand agitators were going to Delhi from Dehradun to press their demand for a separate State. In the night of 1/2-10-1994, while the agitators were passing through Rampur Tiraha under Police Station Chhapra District Muzaffarnagar in buses, the police personnel of the district Checked the buses carrying several hundreds agitators. In order to maintain law and order, the Police officials from various Police Stations were called. Applicants in all the ten applications are the Police Officials. It was alleged that the agitators were man-handled by the applicants and other Police officials, some of the lady agitators were raped, molested and subjected to indignities; they were wrongfully confined. A Division Bench of this Court directed the C.B.I.to investigate the matter into the alleged ugly incident and attrocities committed by the police officials. After investigation of the case, three charge sheets were filed in the court of Special Magistrate, C.B.I.at Dehradun in consequence whereof, three case Nos. 25/96, 34/96 and 35/96 were registered. Learned Magistrate issued processes against the applicants who are accused in the aforesaid case to procure their attendance. Common grounds taken in the present ten transfer applications are that since on account of continued Uttarkhand agitation, the atmosphere at Dehradun which is at the footsteps of the hill region, is inordinately surcharged and, therefore, personal safety and security of the applicants is at stake; applicants are not getting legal assistance of the lawyers of their choice either from Dehradun or the neighbouring districts and that the atmosphere at Dehradun court is not congenial to hold trials fairly and impartially.

(3.) Counter and rejoinder affidavits have been exchanged. Learned counsel for the applicants as well as learned special counsel for C.B.I.on behalf of the opposite parties have been heard at considerable length.