ALEKH DUTTA Vs. KHETRAMOHAN SAHU

JUDGEMENT

(1.) THIS is an application by the accused in complaint case No. 79 of 1969, pending in the Court of Sub -Divisional Magistrate, Bolangir, for transferring the said criminal case from Bolangir either to Bhubaneswar or Puri for trial. His main ground is that this is a vexatious criminal proceeding initiated by the complainant with whom he had various litigations previously, and that the complainant is not keen to prosecute him in the proceeding he has instituted, but in order to get him at Bolangir where he would be able to employ Goondas to assault him and commit such physical excesses against his person.

(2.) THE complaint petition enumerates four witnesses of whom one is a witness from Bhubaneswar. In the facts and circumstances of the case laid as the complainant 's younger brother would also be another material witness for the prosecution and for successful prosecution of the criminal proceeding, it is expected that these two witnesses of Bhubaneswas have to be examined.

(3.) IN cases of transfer the, interest not only of the accused, but also of the complaint has to be looked into. There is a general consensus of judicial opinion that in matters of transfer greater emphasis is to be laid on the conveniences and interest of the accused rather than of the prosecutor. To my mind, while doing so, the interest of the prosecutor and his right to institute criminal proceedings permissible under the law should not also be unreasonably whittled down. In cases of transfer, therefore, a balance is to be struck. No hard and fast rule can be laid down as a matter of principle. A prayer for transfer is to he considered always with reference to the facts and circumstances of each case.