CHOUDHARY RAVINDRA NATH ROY Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS is an application for transfer of Complaint Case no. 319(C)/94, Trial no. 849 of 1994 pending in the court of Sri B. K. Tiwari, Judicial Magistrate, first class, Madhepura, to a court at Patna.

(2.) THE learned counsel for the petitioners and learned Additional Public Prosecutor have been heard.

(3.) THE facts coming out from the submissions of the learned counsel for the informant, Sri P. N. Pandey, and as emerging from the application itself are that one Nawal Kishore Jha expired leaving behind two sons and four daughters, and a will which caused several litigations between the two parties, namely, the brothers on one hand, and the sisters and widow of the deceased on the other. Opposite party no. 2 is brother -in -law of Rajendra Kishore Jha, son of late Nawal Kishore Jha who had filed the instant complaint case in the court of Madhepura in which the petitioners, as accused, were summoned. It is also submitted that besides probate case pending in a court at Patna (opposite party no. 2 not a party to that) two criminal cases between the parties are pending at Patna in one of which opposite party no. 2 is accused and in the other he is informant. The grounds submitted for transfer of the case are that opposite party no. 2, being a practising Advocate, is exerting his influence to deny a fair trial to the petitioners so much so that he was prevailing upon the lawyers there not to defend the petitioners in the criminal case pending there. Second ground is that opposite party no. 2, being a local man, also poses danger to the life and person of the petitioners.