Anirudh Singh vs State of Uttarakhand and Pankaj Singh

Hon''ble Prafulla C. Pant, J.—Heard.

By means of this petition, the petitioner has sought transfer of Sessions Trial No. 83 of 2011 State vs. Pankaj Singh and others, relating to offences punishable u/s 498A, 304B and 504 of I.P.C, Police Station Haldwani, pending in the court of Additional Session Judge/ Ist Fast Track Court Haldwani, to some other district.

Learned counsel for the petitioner pleaded that the petitioner, who is the complainant and witness in the aforesaid Sessions Trial apprehends that his safety is in danger at Haldwani, as the accused is threatening the petitioner and thereby making pressure on him for compromise.

Having heard learned counsel for the petitioner, and learned counsel for the state, and after going through the affidavit and papers on record, there appears no sufficient reason to transfer the case to some other district, as the same would not remove the apprehension on the mind of the present petitioner. What is needed in the present case is that the trial court should provide adequate security to the petitioner, when he comes to attend the court to adduce his evidence. Therefore, the petition u/s 407 of Cr.P.C is disposed of summarily with the direction to the trial court to provide proper security to the petitioner Anirudh Singh when he attends the court to adduce his evidence in response to the summons issued by the court.