PUNIT PANDEY Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE petitioners have filed this application under section 407 of code of Criminal Procedure, 1973 (hereinafter referred to as the 'code') for transfer of criminal case No. 17/2005, State of Madhya Pradesh Vs. Punit pandey and others pending in the Court of Chief Judicial Magistrate, Raisen to the Court of any other district.

(2.) ACCORDING to this application, the petitioner No. 2 Smt. Kalpana pathak is wife of Sandeep Pathak. Complainant Sandeep Pathak is an employee of District Court, Raisen. On 7-11 -2005 some kind of incident had taken place in the Court premises of Raisen and an application was submitted by Sandeep pathak to District Judge, Raisen in a pre-planned manner and the same was forwarded to Police for registration of the case. After investigation, the charge-sheet was filed in the Court of Chief Judicial Magistrate, Raisen and thereafter, Sandeep Pathak managed his transfer to the Court of C. J. M. The charges were framed on 22-2-2005 and the case was fixed on 10-5-2005 for evidence, but the date was changed to 2-4-2005 by the Presiding Officer as the complainant of the case is posted in the same Court.

(3.) IT is further alleged that the complainant has warned and threatened the petitioners that he would ensure their conviction and they will face the dire consequences if they will come to Raisen. The petitioners have reasonable and valid apprehension that they may not get fair trial and justice at raisen because complainant of the case is posted in Raisen Court. The complainant of the case is also trying to influence the trial and the petitioners are feeling extremely unsafe due to repeated warning and threats given by the complainant. Therefore, it was prayed that the case may be transferred to any other district.