Shilpi Lawrence Elenjikal vs State Of Uttarakhand And Another

Alok Kumar Verma, J

This transfer application is filed under Section 407 of the Code of Criminal Procedure, 1973 seeking transfer of Criminal Case No.1185 of 2019,

“State vs. Parikshit Arvind Joshiâ€, under Sections 354 D (i) (ii), 506 and 509 of I.P.C., pending before the court of the Additional Chief Judicial

Magistrate, Kotdwar, District Pauri Garhwal to the court of the Chief Judicial Magistrate, Udham Singh Nagar or to the court of the Chief Judicial

Magistrate, Nainital.

Notice is personally served on Parikshit Arvind Joshi, the respondent No.2, but, he is not present.

Heard Ms. Shilpi Lawrence Elenjikal, the applicant-in-person and Mr. P.S. Uniyal, the learned Brief Holder for the State, the respondent no.1,

through video conferencing.

Ms. Shilpi Lawrence Elenjikal, the applicant-in-person submitted that she apprehends threat to her life and will be prejudiced in conducting her case

in the court of Additional Chief Judicial Magistrate, Kotdwar, District Pauri Garhwal. She submitted that the Hon’ble Supreme Court in Special

Leave Petition (Criminal) No.6146 of 2019, vide order dated 29.11.2019, had specifically directed the respondent No.2 to desist from attempting to

maintain any form of contact with the applicant and the Hon’ble Supreme Court, by order dated 23.09.2020, transferred the Sessions Trial No.21

of 2019 from the court of the Additional Sessions Judge, Haridwar to the court of the Additional Sessions Judge, Udham Singh Nagar. In these

circumstances, the applicant-in-person requested to transfer the Criminal Case No.1185 of 2019, “State vs. Parikshit Arvind Joshiâ€, from the

court of the Additional Chief Judicial Magistrate, Kotdwar, District Pauri Garhwal to the court of the Chief Judicial Magistrate, Udham Singh Nagar.

Mr. P.S. Uniyal, the learned Brief Holder for the State submitted that the State has no objection.

In the matter of transfer, the general principle that justice must not only be done but must also be seen to be done, should be taken into

consideration. The applicant shows that her apprehension is reasonable and it is not merely imaginary.

In Sesamma Phillip vs. P. Phillip, (1973) 1 SCC 405, the Hon’b’le Supreme Court transferred a criminal case on the ground of safety of the

woman petitioner. The Hon’ble Supreme Court transferred the Sessions Trial No.21 of 2019 from the court of the Additional Sessions Judge,

Haridwar to the court of the Additional Sessions Judge, Udham Singh Nagar.

Therefore, in view of the above facts and circumstances of the case, the transfer application No.2 of 2021 is allowed. Criminal Case No.1185 of

2019, “State vs. Parikshit Arvind Joshiâ€, which is pending before the court of the Additional Chief Judicial Magistrate, Kotdwar, District Pauri

Garhwal is transferred to the court of the Chief Judicial Magistrate, Udham Singh Nagar.

The record of the case shall be forthwith transferred to the transferee court, which shall take up the matter and shall dispose of the same according

to law as expeditiously as possible.

A certified copy of this order be sent to the court of the Additional Chief Judicial Magistrate, Kotdwar, District Pauri Garhwal and to the court of

the Chief Judicial Magistrate, Udham Singh Nagar for necessary compliance.