This Court dismissed three connected transfer petitions seeking to move criminal trials from Asind to Jaipur, finding no specific material to support unproven apprehension of danger. The petitioner was directed to seek protection orders from the trial court instead.
Petitioner directed to file application before trial court seeking protection orders.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Crl.misc.trnfr.pet. No. 4/2019
Smt Tasleem Bano W/o Sh. Imtiaz Ahmed Sheikh, Aged About 38 Years, R/o House No 3170, Pannigaro Ka Mohalla , Near Sunhari Masjid , Subhash Chowk , Jaipur
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
Connected With
S.B. Crl.misc.trnfr.pet. No. 3/2019
Smt Tasleem Bano W/o Shri Imtiyaz Ahmed Sheikh, Aged About 38 Years, Resident Of House No. 3170, Pannigaro Ka Mohalla, Near Sunhari Masjid, Subhash Chowk, Jaipur.
----Petitioner
Versus
Imtiaz Ahmed Sheikh S/o Shri Mohd. Hussain Sheikh, Aged About 65 Years, Resident Of Sheikh Mohalla, Bus Stand, Tehsil And Police Station Asind, District Bhilwara.
----Respondent
S.B. Crl.misc.trnfr.pet. No. 5/2019
Smt Tasleem Bano W/o Sh. Imtiaz Ahmed Sheikh, Aged About 38 Years, R/o House No 3170, Pannigaro Ka Mohalla , Near Sunhari Masjid , Subhash Chowk , Jaipur
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Dhirendra Singh Sodha For Respondent(s) : Mr. Vikram Sharma, PP Ms. Archana Purohit
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI Order
10/08/2021
In wake of second surge in the COVID-19 cases, abundant caution is being maintained, while hearing the matters in Court, for the safety of all concerned.
(2 of 2)
[CRLTP-4/2019]
The petitioner has preferred these three transfer petitions seeking transfer of different cases pending before Court of Judicial Magistrate Asind to competent Court of Jaipur.
Learned counsel for the petitioner submits that petitioner is a lone lady and is having a little girl. She feels threatened to got to Asind because her life is in danger, if she comes to Asind.
Learned P.P. submits that in case the petitioner submits an appropriate application before the learned Court below, appropriate protection to her shall be considered so that she can come to the Court without any fear and harassment.
After hearing learned counsel for the parties and after perusing the material available on record, this Court finds that no case of any interference is made out because the criminal trials cannot be transferred on these counts when there is no specific material available on record to show the apprehension in question.
In view of the above, all these petitions are disposed of while directing the petitioner to move an application before the learned Court below where the litigation is pending. Learned Court below shall assess the same and pass appropriate orders for protection of the petitioner, if so required. The learned trial court shall be free to give necessary directions to the local concerned police station to ensure that no harassment is made to the present petitioner.
Stay petitions also stand disposed of.
(DR.PUSHPENDRA SINGH BHATI),J.
120-122-SPhophaliya/Jitender/-
2 issues framed by the court
Whether transfer of criminal trials from Judicial Magistrate Asind to Jaipur is permissible based on unproven apprehension of danger.
Whether specific material exists on record to warrant transfer of pending criminal trials to ensure petitioner's safety.
Smt Tasleem Bano W/o Sh. Imtiaz Ahmed Sheikh
State Of Rajasthan
Imtiaz Ahmed Sheikh
Dr. Pushpendra Singh Bhati
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
