C407 No. 9 of 2009 Hon'ble Prafulla C. Pant, J. Heard Mr. Lalit Miglani, learned counsel for the petitioner and Mr. M.A. Khan, learned Brief Holder for the State. By means of this petition, moved under Section 407 of Code of Criminal Procedure, the petitioner has sought transfer of proceedings of Sessions Trial Case No. 463 of 2004 and Sessions Trial Case No. 57 of 2001, pending in the court of III Fast Track Court / Additional Sessions Judge, Haridwar, to the court of Additional Sessions Judge, Roorkee (District Haridwar). Learned counsel for the petitioner submitted before this Court that petitioner is complainant and witness in the sessions trials sought to be transferred from the court at Haridwar to court at Roorkee. He contended that the accused / respondents who were also accused in another sessions trial killed mother of the deceased who was witness in that case when she was on her way to the court for giving evidence. Learned counsel for the petitioner argued that after this incident the petitioner feels threat to his life if he is made to go to Haridwar to give his evidence in the aforesaid two sessions trial. The addresses of the parties given in the transfer petition show that petitioner is resident of Roorkee and accused / respondents No. 2 to 6 are residents of Saharanpur. It is only accused / respondent No.7 who is resident of Roorkee. Therefore, court at Roorkee is nearer to all. As such, in the above circumstances, this Court is of the view that it is desirable to transfer the aforesaid two sessions cases from the court of Additional Sessions Judge, Haridwar to the court of Additional Sessions Judge, Roorkee. This would not only facilitate the witnesses to appear in the nearby court but also made convenient to the accused for whom Haridwar is at a more distance as compared to that of Roorkee. Also, if the case is transferred this may lessen the apprehension of threat to life of the complainant / present petitioner. In the above circumstances, the petition is allowed. Sessions Trial Case No. 463 of 2004 and Sessions Trial Case No. 57 of 2001, pending in the court of III Fast Track Court / Additional Sessions Judge, Haridwar, are transferred to the court of Additional Sessions Judge, Roorkee, who may further proceed with the trial of the cases, and decide the same. (P.C.P., J.) 23.09.2009 NS