LAWS(MPH)-2022-12-142

NAVEEN KUMAR CHOUBEY Vs. DHARMENDRA TIWARI

Decided On December 02, 2022
Naveen Kumar Choubey Appellant
V/S
Dharmendra Tiwari Respondents

JUDGEMENT

(1.) Regard being had to the similitude of the question involved, on the joint request of the learned counsel for the parties, these matters were analogously heard and decided by this common order. The parties argued in M.Cr.C. No. 3572/2018 and jointly urged that remaining matters are similar. MCRC. 3572/2020

(2.) In this application the singular prayer of the applicant is to transfer the case SC - NIA 387 / 2017 to some other District. Shri Ravi Mahendra Kumar Vyas, learned counsel for the applicant by placing reliance on complaint of the applicant submits that 7 - 8 armed hooligans threatened him and compelled him to sign on 10 - 11 cheques. In view of this kind of threat which is constant in nature, the applicant cannot contest his matter freely before the Court below. The matters may be transferred to some other District Court. In support of this singular contention, he placed reliance on the judgment of Supreme Court in (1979) 4 SCC 192 Inder Singh and Ors. Vs. Kartar Singh.

(3.) Per Contra, learned counsel for the respondent opposed the same. He placed reliance on the judgments of this Court in Smt. Hemlata Singh Vs. State of M.P. and Ors 1991 (III) Crimes 740 and Madras High Court in Murugesan and Ors. Vs. State 1999 CriLJ 3430.