IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL. Criminal Transfer Application No. 16 of 2007 1. Ishwar Chandra Sangal S/o Late Jai Prakash 2. Sanehlata Sangal W/o Ishwar Chandra Sangal, Both R/o 37-A, New Mandi, Muzaffarnagar U.P. .....Applicants. Versus 1. State of Uttarakhand, 2. Mrs. Alka Sangal W/o Mr. Vishal Sanghal D/o Mr. Ram Kishore Aggarwal, R/o 28 Nardev Shastri Marg, Court Road, P.S. Kotwali, District Dehradun ..Respondents. Mr. Nikhlesh Joshi, Advocate for the applicants. Learned A.G.A. for the State. Mr. H.M. Bhatia, holding brief for Mr. Arvind Vashist, learned counsel for the respondent No.2. Dated: 27-02-2008 Hon’ble B.C. Kandpal, J. This petition U/S 407 of the Cr.P.C. has been preferred with a prayer to transfer the Criminal Case No. 178 of 2003, State Vs. Vishal Sanghal and others, U/Ss 498-A, 506, 420, 406, 120-B I.P.C. and ¾ Dowry Prohibition Act, pending before Judicial Magistrate (C.B.I.) Dehradun, to the Court at Roorkee, District Haridwar. 2- According to the petition the applicant is suffering from kidney failure and ischemic heart disease. It has been alleged that the applicant is residing at Muzaffarnagar and is unable to perform long journey to attend the court at Dehradun. Therefore, prayer for transfer of the case from Dehradun to Roorkee Court has been made. 3- Respondent No.3 filed counter affidavit denying the averments made in the petition and alleged that the applicant No.1 has moved an application in the trial court for his personal exemption from appearance in the trial court and the trial court has exempted his appearance vide order dated 8-6-2006. The petition has been moved on false and frivolous ground in order to harass the complainant and his family members, hence the same is liable to be dismissed. 4- Heard learned counsel for the applicants as well as learned counsel for the State and learned counsel appearing on behalf of the respondent No.2 and perused the record. 5- After having considered the ground taken in the petition for the transfer of the case and the facts and circumstances of the case, I do not find any just and sufficient ground to transfer the case. The petition lacks merit and is liable to be dismissed. 6- The transfer application is accordingly dismissed. Stay order dated 18-12-2007, stands vacated. (B.C. Kandpal, J.) ISB