NEELESH Vs. STATE OF M P

JUDGEMENT

(1.) By this petition under Section 407 of the Code of Criminal Procedure, 1973, the applicants are praying for transfer of Criminal Case No. 6939/2013, State of M.P. through P.S. Gopalganj, District Sagar Vs. Neelesh and others pending before the Judicial Magistrate, First Class, Sagar to Jabalpur. On dated 25-10-2013 unknown persons were committed theft in the house of the complainant. On the said allegation, Police Station, Gopalganj registered Crime No. 470/2013 for the offence punishable under Sections 457, 380 of IPC and after due investigation, the applicants were arrested and charge-sheeted.

(2.) The basis of transfer mentioned in petition is that the complainant is a practicing Advocate under the jurisdiction of Sessions Court, Sagar, hence he is pressurizing and giving threats to the Advocates of Sagar not to appear in the case of the applicants. All the Advocates of Sagar are afraid and in pressure of the complainant, therefore, they are against the applicant and not ready to defend their case. The applicants are in jail, hence, their relatives contacted with the Advocates, who belongs to other District but, looking to above mentioned pressure they did not ready to prosecute the case of the applicants at Sagar hence, fair and impartial trial is not possible at Sagar. The applicants have no faith or believe upon their Counsel or any Counsel of Sagar.

(3.) In view of the above facts and circumstances of the case, learned Counsel for the applicants submits that looking to status of the complaint that he is in position to influence the Advocates practicing at Sagar, it is a fit case in which transfer of the aforesaid case from District Sagar to Jabalpur or any other District is expedient for the ends of justice.