IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Misc. Transfer Application No. 8 of 2011 Virendra Dutt S/o Shri Madan Mohan Bijalwan R/o Bansari, Post Thathur, Tehsil Dhanolti, District Tehri Garhwal ………..…Applicant Versus 1. State of Uttarakhand through Secretary Home, Secretariat, Dehradun 2. Anil Pandit, Advocate, (Now member of Bar Council of Uttarakhand, Nainital) R/o 38/17 Aryanagar, Block No. 2, P.S. Dalanwala, District Dehradun. ....……Respondents Shri Lokendra Dobhal, Advocate, present for the petitioner. Shri S.S. Adhikari, A.G.A., present for the State. Shri H.C. Joshi, Advocate, present for the respondent no. 2. Hon’ble Prafulla C. Pant, J. Heard. 2. By means of this application moved under section 407 Code of Criminal Procedure, 1973, applicant has sought transfer of criminal case no. 2578 of 2007, State vs. Virendra Dutt, relating to 2 offence punishable under section 25 Arms Act, pending in the court of Chief Judicial Magistrate, Dehradun, to the court of Chief Judicial Magistrate, New Tehri, District Tehri Garhwal. 3. Learned counsel for the applicant submitted that respondent no. 2 Anil Pandit who is complainant, is an advocate at Dehradun, and using all sought of tactics to delay the trial, and harass the applicant. It is further submitted that on each date applicant who is an accused has to come from Tehri Garhwal to Dehradun. 4. Between Dehradun to Tehri Garhwal, there is court of Civil Judge (Jr.Div)/Judicial Magistrate, at Narendra Nagar, to which court the criminal case can be transferred so as to remove apprehension of the applicant (accused) who is getting harassed at Dehradun, as the complainant Anil Pandit is an Advocate at that place. 5. Therefore, having considered submissions of learned counsel for the parties, and after going through the papers on record, in the interest of justice, this transfer application is allowed. Criminal case no. 2578 of 2007, State vs. Virendra Dutt, 3 relating to offence punishable under section 25 Arms Act, pending in the court of Chief Judicial Magistrate, Dehradun, is transferred to the Court of Civil Judge (Jr. Div.)/Judicial Magistrate, Narendra Nagar, District Tehri Garhwal. (Urgency application no. 2678 of 2011, stands disposed of). (Prafulla C. Pant, J.) Parul 20.07.2011