Naveen Chandra Ray vs State of Uttarakhand and Others

Dharam Veer, J.—This Criminal Transfer Application has been filed u/s 407 Cr.P.C. by the complainant Naveen Chandra Ray for transferring the Sessions Trial No. 20 of 2007 State v. Bhagirathi Devi and Ors. u/s 306 IPC pending before the Sessions Judge, Pithoragarh.

Heard learned Counsel for the parties and perused the materials available on record.

The applicant has prayed to transfer the aforesaid case from Pithoragarh to District Champawat. Allegations made in the application are against the District Government Counsel, Pithoragarh. It has been stated that the respondent No. 3/District Government Counsel, Pithoragarh is in collusion with the accused persons and he is not taking any interest in producing the witnesses against the accused before the trial court and the case is lingering on since 2006.

In the counter affidavit filed on behalf of respondent''s No. 4 to 6, the allegations made by the applicant have been denied. It has been further stated that the applicant is an influential person and has falsely implicated the respondents No. 4 to 6 in this case and in order to further harass them, the applicant has sought transfer of the aforesaid trial.

Comments on the transfer application was sought by this Court from the Sessions Judge, Pithoragarh and the same has been received, a perusal of which reveals that the case was posted for 10.9.2007 for recording the prosecution evidence and thereafter on 26.9.2007, 18.10.2007, 16.11.2007, 12.12.2007, 14.1.2008, 13.2.2008, 4.3.2008, 2.4.2008 and 23.4.2008, but none of the prosecution witnesses could be examined till this transfer application was moved by the applicant and vide order dated 17.4.2008, the further proceedings of the aforesaid Sessions Trial No. 20 of 2007 has been stayed by this Court. On all the dates, no prosecution evidence could be recorded although the Presiding Officer was on leave only on two dates i.e. on 10.9.2007 and 14.1.2008.

From the perusal of the aforementioned materials, it reveals that though the case was posted on a number of dates for recording the prosecution evidence and prosecution witnesses are also coming before the trial court but District Government Counsel, Pithoragarh is not cooperating and, therefore, prosecution witnesses could not be examined due to non-cooperation of District Government Counsel. In these circumstances, it appears that a fair and impartial trial is not possible and, therefore, in the interest of justice, I deem it proper to transfer the trial of this case from Pithoragarh to some other district.

Accordingly, the trial of the Sessions Trial No. 20 of 2007, State v. Bhagirathi Devi and Ors. u/s 306 IPC pending before the Sessions Judge, Pithoragarh is transferred to Sessions Judge, Udham Singh Nagar. Sessions Judge, Pithoragarh is directed to transmit all the records of the case forthwith to Sessions Judge, Udham Singh Nagar. Parties are directed to appear before the Sessions Judge, Udham Singh Nagar on 28.6.2010. Sessions Judge, Udham Singh Nagar is directed to decide the aforesaid trial expeditiously, preferably within six months form the said date.

The application stands disposed of. Interim order dated 17.4.2008 stands vacated accordingly.