KAMLESH TYAGI Vs. STATE OF H.P.

JUDGEMENT

(1.) Smt - Kamlesh Tyagi and her nephew Sanjiv Kumar have applied for the transfer of Criminal Case No. 203/ i of 1990, pending in the Court of the learned Additional Sessions Judge, Bilaspur, to the Court of Sessions Judge, Nahan or to that of Solan.

(2.) Rajesh Kumar son of respondent No. 5, Jiwan Lal Sharma, the then Additional District Attorney, Bilaspur, Himachal Pradesh, was allegedly murdered, consequent whereto both the petitioners were arrested pursuance to the registration of a criminal case vide F. I. R. No. 56 of 1990 at police -station Sadar, Bilaspur, Himachal Pradesh, for the commission of an offence under sections 302/ 12O -B/201/34, I. P. C. on the basis of a complaint lodged by one Rajiv Rawat. The complainant is the neighbour of respondent No. 5 As per the report, the complainant heard Rajesh Kumar deceased crying (MAR DIA -MAR DIA) whereupon he rushed to the house of the deceased and found him injured and saw a person aged about 20 to 21 years of age (particulars of whom stand mentioned in the report) and chased that person who showed him a knife and out of fear, the complainant came back to the place of occurrence where other people were also standing. On seeing Rajesh lying dead, he went to the electricity complaint room Changer Sector and telephonically lodged a reports referred to above. After routine investigation, a charge sheet stands submitted against the petitioners, Lekh Raj Gupta and one Anil Gupta (respondent No, 6).

(3.) The present petition has been made by the petitioners for the transfer of the aforesaid criminal case on a string of grounds, such as, absence of congenial atmosphere for a fair and impartial trial, non -availability of legal service and substantial prejudice which have been set out to validate the prayer.