SHYAM MAHESHWARI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This is a transfer petition by the applicant who is residing at Bhopal in M.P. and has stated in para No. 3 that when the petitioner-applicant appeared before the court at Jaipur, the complainant who was at that time practising as an Advocate at Jaipur with the assistance of some uknown persons attacked the petitioner-applicant and it has become difficult for the petitioner- applicant in these circumstances to appear before the court at Jaipur where the complainant has sufficient influence and that the petitioner is apprehending that in these circumstances, he would not get fair and impartial trial as he may not even get proper assistance of an Advocate at Jaipur.

(2.) It has also been averred in the transfer application that the respondent has lodged false complaints with regard to the alleged incident of the court in Jaipur with a view to get the bail granted to the applicant cancelled under Section 437(5) Cr.P.C. by using such tactics. Further averments have also been made in para No.5 of the petition which may not be necessary to incorporate herein. The sum and substance of the allegations contained in the petition is that the petitioner apprehends that he may not get a fair trial at Jaipur.

(3.) Opposing the aforesaid application, learned counsel for the complainant has contended that the allegations are all false. In fact the complainant had lodged an FIR against the petitioner, as has been mentioned in the reply and that it is the complainant who has been creating the problems when she comes to appear at the time of hearing in the case.