HIGH COURT OF cHEAwISGARH AT BxLAQPvR T P. (cm mo. 07,!2aos PETITIONER Accused} Karamat Khan Slo Amanat Khaxlyé'S years R/o VLiabU—Gcuakhpur RS.‘ .. Ga'ureila Tah31l Pendraroad Dism' Bhaspur (L ) VERSUS RE$PONDENT$. . 1. State of Chhai‘tlsgalh tlnouOh i3 5 Chmmn Dlstt honvaK) G) ”Smt Julekha W/o Akbar vKhan (DivoTcadL R/o Haldlbad1 Chinniri,’ :' lDlstt Komya(C Gd APPLICATION HIS 407 OF THE CODE OF CRIMINAL PROCEDURE. {SB 'Hon’ble Mr. T.P Sharma, J ) resem Snrl Prafuu N Bharat Advocate forthe petMoner/apphcant 8hr! U r< S Chardel P L forthe Stateflesponuert No 1 x ' NcneforiherespondentNo 2 r . ORAL—ORDER . {Pas$ed on 30/ 6] 2008) This petmon Is for transfer of the crlmmal case No 344/04 pending bemre tha Judmai Magistrate First Class Chirm'rl on the ground twat on 14132008 brothnr of non appircant No 2 threatened the apphca’rt and farr tnal wouid not be possrble before the Court or Chrrmarr 2. Shn Prafull N Bharat learned counser forthe appncant and Shh U K S Chandel P L for the Statelrespondent No 1 heard Petmon and other documents perused 3, Notrce have oeen served on non-appticant No.2 but none present on beharf of theinon'é' applicant No.2. 4. tt is argued, on behalf of the apptioant that'originat oriminat case for the offence: ’7 bunishabte under Sections 4984A 506 323 of the tndian Pena! Code Was pending before the ' ' Court of Manendragarh after creation of Court of Chtrmm same was transferred to the Court I of Chrrmrrr ' 5‘. On 14/2/2008 when appticants went to Chtrmiri to attend thevCourt'he was threatened by the brothers of the non-applicant No.2, who is a wife of applicant. Applicant reported the i 1 'I matter at P8 Manendragarh and also filed the petition for tranefer of the case'before" P .1. @ ’ 8. Consequently, the petition is being deVoid of merit is liable for dismissed and hereby dismissed. e“? “ i“ “th Sessions Court Koriya fpr iransfer of the case from the Court of Chirmiri to another Court but same was dismissed. 6. it is also argued on behalf of the appiioant that in theseoircumstanoes appiicant Ml of fair and impaf‘tial justice which is guaranteed under the Constitution of indfa. deprive waiting 7, According to the document and petfiion when applfcant went f0 Chirmiri to attend the Court then he was threatened by brothers of non—apptloant No2! it reveai from the copy of the 18/2i2008 that non—applicant No.2 and her brothers used to threat when they' get _ j, _ a report dated opportunities. The allegation is vague and not substantiat No aiiegation has been made against the Court that they will deprive of getting fair and impartiai justice, The ground atteged on behatt of the petitioner is prima faoie not sufficient for transfer of the criminal case from one criminal Court to another criminal Court