This transferred application filed by an accused sought transfer of his sessions trial case due to threats to his life. The court refused transfer, directing instead that security from the I.C. would be provided at the time of trial if apprehensions arose.
Application dismissed; security to be provided by I.C. at date of trial if apprehension exists.
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TRPCRL No.43 of 2016
24.09.2016
This transfer application has been filed by the petitioner who is an accused in Sessio
ns Trial Case No. 1 of 2015 to transfer the said case from the Court of learned Addl. Sessions
Judge, Athagarh to any other criminal Court in the sessions division of the learned Sessions
Judge, Cuttack.
The sole ground of the taken by the petitioner is that the informant-opposite party no
.2 is a rowdy person and he being accompanied with some local antisocials are creating panic i
n the mind of the petitioner and his family members for which the petitioner apprehends danger
to his life at Athagarh. Learned counsel for the petitioner further contended that one
station diary entry has also been made in that connection which is annexed to the application
as Annexure-2.
Learned counsel for the State submits if the petitioner approaches the I.I.C., Athagar
h Police Station for security, necessary security shall be provided to the petitioner on the d
ate when the case would be posted for trial.
Since the only ground taken by the learned counsel for the petitioner for transfer of
the sessions case is that there was threat to life of the petitioner, I am of the view that on
the date when the case would be posted for trial, in the event of any apprehension to his lif
e, if the petitioner approaches the Inspector-in-Charge of Athagarh Police Station to appear i
n the Trial Court then the Inspector-in-Charge shall provide him necessary security.
Accordingly the TRPCRL is disposed of.
A copy order be handed over to the learned counsel for the State for communication to
the Inspector-in-Charge, Athagarh Police Station.
Urgent certified copy of this order be granted on proper application.
2
1 issue framed by the court
Whether a transfer application filed by an accused apprehending danger to life and life against a rowdy informant warrants granting transfer?
Petitioner (Accused)
State
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court