FARAD CONTINUATION SHEET NO.: IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE SIDE CRIMINAL APPELLATE SIDE CRIMINAL APPELLATE SIDE CRI.APPLICATION NO.3854 OF 200 CRI.APPLICATION NO.3854 OF 200 CRI.APPLICATION NO.3854 OF 2007 ------------------------------------:---------------------------------- Office Notes, Office Memoranda of : Court’s or Judge’s orders. coram, appearances, Court’s orders : or directions and Registrar’s : orders. : ------------------------------------:----------------------------------- Mr.A.S.Kode, for the applicant. Mr.R.N.Gite, for respondent nos 1 to 4. Mr M.S.Karnik, for respondent nos 5 & 6. Ms.P.P.Shinde, APP, for the State. CORAM: D.B.Bhosale,J. CORAM: D.B.Bhosale,J. CORAM: D.B.Bhosale,J. DATED: 11.11.2008 DATED: 11.11.2008 DATED: 11.11.2008 P.C.: P.C.: P.C.: Heard learned counsel for the parties. The applicant has prayed for transfer of R.C.C.No.32/1998 from the Court of JMFC, Niphad to the Court of JMFC Ahmednagar. The said case is pending against six accused under sections 498-A,323,504,506 read with 34 of IPC. The transfer is sought solely on the ground that the applicant, who is going to be a witness in the case, has received threats from respondent nos 1 to 6 and, therefore, he could not attend the court of JMFC, Niphad after 8.4.2007 for deposing in the said case. It is alleged that respondent nos 1 to 6 are influential persons and if the trial is conducted at Niphad none of the witnesses would be able to attend the court at Niphad and depose against them. In my opinion, this cannot be a ground for transferring the case from Niphad to Ahamadnagar. It is always open to the witnesses to seek police protection. In the present case, it is open to the applicant and other witnesses to seek police protection and if they seek such protection, the concerned police station shall provide them police protection. With these observations, the application is disposed of. (D.B.Bhosale, J.) (D.B.Bhosale, J.) (D.B.Bhosale, J.)