INTHEHIGH CQURT OF CHHATTISGARHAT BILASPUR TRANSFER PETITION (Cr.l N0. ,1 /2011 PETITIONER ....r;:'^T-"—-- ,::';':;^B is^ '.'• .hW - - ' '."."••.•rS^ ^.'"'..%.s: ^rf-"*'***'*1 RESPONDENTS l* MC/ ,^& Ruma Tiwari, W/o. Manish Tiwari, D/o. Vijay Kumar Pathak, Aged about 24 years, R/o. Azadnagar, Godripara, Chirmiri. Present address : Kusmusi, P.S. Surajpur, District Surguja (C.G.). VERSUS 1. State of Chhattisgarh, Through the District Magistrate, District Koriya (C.G.). 2. Manish Tiwari, S/o. Laxman Prasad Tiwari, Aged about 35 years, R/o. Azadnagar, Godripara, P.S. Chirmiri, District Koriya (C.G.) TRANSFER PETITION UNDER SECTION 407 OF THE CODE OF CRIMINAL PROCEDURE WWIUK ••fv: 'lf , w^ ^ c^. i\\1 HIGH COURT OF CHHATTISGARH. BILASPUR SINGLE BENCH : HON'BLE SHRI PRASHANTKUMAR MISHRA. J. Tr.Pet.(Cri.»No.12of2011 PETITIONER Ruma Tiwari Versus RESPONDENTS State of Chhattisgarhand another. Shri Ashok Kumar Shukla and Shri Atanu Ghosh, counsel for the applicant. Shri Q. Aziz, Panel Lawyer for the State. ORAL ORDER (18/07/2011) This is an application under Section 407 of Cr.P.C. for transfer of Criminal Case pending in the Court at Chirmiri to a Court of competent jurisdiction at Baikunthpur. (2) Undisputedly, on the F.I.R, lodged by the applicant, a criminal case has been registered against the accused persons which is pending trial in the Court of Judicial Magistrate First Class, Chirmiri, According to the applicant the accused f»rsons are threatening of dire consequence if she attends hearing at Chirmiri, therefore it is in the interest tf justice to transfer the criminal case to a Court of competentjurisdicUon at Baikunthpur. (3) Applicant has earlier moved an applicaCon before the Sessions Judge under Section 408 of Cr.P.C. while rejecting the prayer for transfer, the Sessions Judge, by its orderdated 19/01/2011 (Annexure P/5) has found that no case for transfer is made out and that if the applicant feels threatened white going to Chirmiri, she may move an application before the Superintendent of Police, Koriya for protection. (4) In the opinion of this Court, Sessions Judge has already ordered for her protection if she feels threatened white aoing to Chirmiri to attend hearing in the criminal case. (5) In view of the above, this Court is not inclined to admit this application for transfer of the criminal case from Chirmiri to Baikunthpur, the application is rejected. Sd/- Prashant KumarMishra Judge