BADRIPRASAD Vs. STATE

JUDGEMENT

(1.) THIS is a transfer application under Sec. 526, Cr.P.C. presented by Badriprasad son of Nathu Kori for the transfer of his case No, 141/1956 (original criminal from the Court of A.D.M. Bhind to some other court, outside District Bhind on the ground that the complainant is the son of an influential Vakil of Bhind and that in consequence he cannot obtain proper legal help. It is contended that he approached some lawyers of Bhind who were unwilling to accept the brief.

(2.) FROM the record of the case, it appears that Krishna Murarilal filed a complaint against the accused under Sec. 325, I.P.C. When the accused could not obtain legal help from the local lawyers, he applied to the Court to give him an opportunity for engaging a lawyer from outside. The Court adjourned the case, but it seems that he could not engage a lawyer from outside to defend him. Eventually he filed this application for transfer of the case.

(3.) I feel fortified in my opinion by a case Lalta and others vs. Jahur Ahmad, 26 Cri.L.J. 1272, in which it is said that "the fact that an accused person is unable, owing to the influence of persons interested in the prosecution, to secure the services of a competent member of the local bar for his defence is a sufficient ground for the transfer of the case to some other District."