In this criminal miscellaneous application, the High Court at Patna considered a transfer petition seeking to move a trial under Section 302 IPC from Madhubani to Gopalganj due to apprehensions and witness location. The court dismissed the application, finding no merit as the allegations lacked evidentiary support.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No. 74524 of 2018
Arising Out of PS. Case No.-93 Year-2018 Thana- PHULPARAS District- Madhubani
====================================================== Munna Chaudhur, son of Late Ram Ayodhya Chaudhur, Resident of VillageGamhari, P.O.- Gamhari, P.S. Baikunthpur, District Gopalganj.
... ... Petitioner/s
Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Naresh Prasad, Advocate For the Opposite Party/s : Mr.Sri Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER
2 14-05-2019 This application has been filed for transfer of Trial No.1419 of 2018 arising out of Phulparas P.S. Case No.93 of 2018, G.R. No.641 of 2018, under Section 302 of the Indian Penal Code from the Court of learned Sessions Judge, Madhubani to the Court of learned Sessions Judge, Gopalganj.
The grounds for transfer is that the petitioner being informant of the case has apprehension from the accused persons and secondly on the ground that most of the witnesses are of Gopalganj. However, in support of apprehension, there is no material brought on record to show as to whether he made any complaint before the Court or before the police. Further ground for transferring the case from Madhubani to Gopalganj
Patna High Court CR. MISC. No. 74524 of 2018(2) dt.14-05-2019 2/2
on the ground that witnesses are of Gopalganj also does not appear to be trouble as place of occurrence is within the jurisdiction of Sessions Court, Madhubani.
In such view of the matter, I do not find any merit in this application for transfer of the case stands dismissed.
(Vinod Kumar Sinha, J)
sunil/-
U T
3 issues framed by the court
Whether there is any merit in the application for transfer of trial from Madhubani to Gopalganj given the petitioner's apprehension and location of witnesses.
Whether the alleged apprehension lacks material support as no complaint was filed before the court or police.
Whether the venue of witnesses being outside the jurisdiction justifies transfer when the place of occurrence falls within the Sessions Court Madhubani jurisdiction.
1 provisions across 1 enactments
Munna Chaudhur
The State of Bihar
Vinod Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
