IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Misc. Transfer Application No.27 of 2007 Dirved Giri S/o Late Ram Giri, At present working as Assistant Prosecuting Officer, Fatehpur, P.S. Kotwali Fatehpur, Distt. Fatehpur … Revisionist Versus State of Uttarakhand & another … Respondents Dated: September 2, 2008 Sri M.C. Kandpal, Sr. Adv. assisted by Sri S.S. Chaudhary, counsel for revisionist Sri M.A. Khan, learned brief holder for the State HON. DHARAM VEER, J. This criminal transfer application has been preferred by the applicant under Section 407 of The Code of Criminal Procedure, 1973 (hereinafter to be referred as Cr.P.C.) with a prayer to transfer the Criminal Case No.34/2006, State Vs. Dirved Giri pending before Chief Judicial Magistrate, Uttarkashi to any other court in the plain area (Rudrapur, Distt. U.S. Nagar). The present transfer application has been moved by the applicant on the ground that the application is residing at plain area and due to the reason of hilly area and plain area, the applicant is being harassed and tortured continuously by the opposite party No.2 whose resident is in hilly area. A further ground has been raised in the application that the applicant was unable to appear before the CJM, Uttarkashi on 11.10.2007 and he also filed an application in this regard, however the said application was rejected by CJM, Uttarkashi. It was further submitted by learned senior counsel on behalf of the applicant that the applicant is presently working as Assistant Prosecutor Officer at District Fatehpur and he is also having medical problems and the doctor has advised the applicant to avoid the hill journey. Sri M.C. Kandpal, Sr. Advocate, counsel for the applicant and Sri M.A. Khan, brief holder for the State, both have jointly submitted that the present transfer application may be disposed of and the Criminal Case No.34/2006, State Vs. Dirved Giri pending before CJM, Uttarkashi may be transferred to the court of Chief Judicial Magistrate, Dehradun. In view of the joint statements given by learned counsel for both the parties and after considering the facts and circumstances of the case that the applicant is having medical problems due to which he is unable to perform the hill journey and further that he is working at Distt. Fatehpur and the continuation of the trial at Uttarkashi will adversely affect his right and trial is also delaying for this reason, the present transfer application is allowed. The Criminal Case No.34/2006, State Vs. Dirved Giri, is transferred to the court of Chief Judicial Magistrate, Dehradun from the court of CJM, Uttarkashi. (Dharam Veer, J.) September 2, 2008 Rajeev Dang