RADHE MOHAN DWIVEDI Vs. STATE OF U P

JUDGEMENT

(1.) O. P. Garg, J. These arc 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/376/392/354/323/504, 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:

(3.) THE main plank on which the case of the present applicants is founded is the order, dated 3-5-1996 passed by Hon'ble C. A. Rahim J. in other similar transfer applications whereby criminal case numbers 709/95, 711/95 under Sections 120-B/182/211/218, I. P. C. and Section 25, Arms Act, and Criminal Case No. 10 of 1996 under Sections 109/120-B/342, I. P. C. pending in the Court of Special Magistrate, C. B. I. Dehradun were transferred to the file of Special Magistrate, C. B. I. Lucknow with the observations that he shall held that trial at the District Court campus at Moradabad. It was pointed out that in the aforesaid decision, it was held that "since Dehradun is situated in the lap of Uttarakhand hills and has become one of the centres of Uttarakhand movement, it is very difficult to have a peaceful trial". It was further observed thru 'the conduct of the Special Magistrate clearly indicates that he is suffering from fear psychosis. It may be that presence of the booth of Uttarakhand Sangharsh Samiti near at hand or ii may be due to environment which is charged with anger and passion. In such circumstances if the applicants feel that they will not be able to get due and impartial justice, they cannot be blamed. 'learned counsel for the applicants urged that the various observations made by Hon'ble C. A. Rahim, J. In the earlier transfer applications squarely apply to the case of the present applications and, therefore, the transfer of three cases, named above, namely. Case Nos. 25/96, 34/96 and 35/96 would be eminently justified.