C407/20/2019
2023 Latest Caselaw 390 UK

      IN THE HIGH COURT OF UTTARAKHAND
                  AT NAINITAL

      THE HON'BLE THE CHIEF JUSTICE SRI VIPIN SANGHI

       CRIMINAL MISC. TRANSFER APPLICATION NO. 20 OF 2019

                       14th FEBRUARY, 2023

Between:

Abhishek Mittal & others          ......       Petitioners/Applicants

and

State of Uttarakhand & another ......                Respondents



Counsel for the petitioners   :   Mr. Shubham Pandey proxy
                                  counsel on behalf of Mr. Raj
                                  Kumar Singh, learned counsel

Counsel for the respondent    :   Mr. Siddhartha Bisht, learned
                                  Brief Holder for the State


The Court made the following:

JUDGMENT:

Counsel for the petitioners states that he has no

instructions in the matter.

2)          I have perused the petition.


3)          The petitioners have preferred the present

petition, under Section 407 of Cr.P.C., to seek transfer of

Criminal Case No. 1466 / 2018, titled 'State Vs Abhishek

Mittal and others', under Section 498A, 504, 506 IPC, and

Section ¾ of the Dowry Prohibition Act, registered at Police

Station Nehru Colony, District Dehradun, pending before

the learned Judicial Magistrate III, Dehradun, to the court

of learned Judicial Magistrate, Roorkee, District Haridwar,

or learned Judicial Magistrate, District Haridwar.

4) The only ground taken in the affidavit

supporting the petition is that respondent No. 2, wife of

petitioner No. 1, is a local resident of Dehradun, and the

petitioners claim that respondent No. 2 has issued threats

to the petitioners, that as and when they will get the

occasion, they will kill the petitioners. The petitioners

entertain the apprehension that they may be harmed if

they visit the court at Dehradun to attend the case.

5) The petitioners claim that respondent No. 2,

along with her family members, came to the residence of

the petitioners at Sonipat and attacked them, on the basis

of which FIR No. 428 of 2017 was registered at Police

Station, Civil Lines Sonipat, on 04.11.2017. In my view is

no reason for transfer of the criminal case aforesaid.

6) The petition is, accordingly, dismissed.

________________ VIPIN SANGHI, C.J.

Dt: 14th FEBRUARY, 2023 Negi