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1987 DIGILAW 561 (RAJ)

Kamla Pathak v. State of Rajasthan

1987-08-04

N.M.KASLIWAL

body1987
JUDGMENT 1. - Heard learned counsel for the applicant as well as learned Public Prosecutor. This is a petition moved by the Rajasthan University Womens Association, Jaipur for transferring the Sessions Case No. 33/87 State of Rajasthan v. Arunesh Sharma & Ors . from the Sessions Court Jhunjhunu to the Sessions Court Jaipur City, Jaipur. The ground for transfer of the case is that one of the accused person is Mahesh Chand Sharma, who is a leading criminal Advocate of Khetri who also appears in the Sessions Court at Jhunjhunu. It has has been submitted that no lawyer is willing to conduct the case on behalf of the complainant and inspite of several efforts taken under sections 82 and 83 Cr. PC all the accused persons have not surrendered so far in the Court. It has been further submitted that whenever the appellant Smt. Kamla Pathak went to Jhunjhunu for appearing in the Court, she was threatened by the accused persons and she has a danger of her own life. It has also been submitted that a criminal case under Section 398A Cr. PC in respect of same matter is pending trial in the Court of Additional Chief Judicial Magistrate No. 1 Jaipur. 2. Mr. Chatterjee, learned Public Prosecutor has supported the application and frankly submitted that he has no objection in the transfer of the case, looking to the peculiar facts and circumstances of the case. 3. Thus, taking in view the entire facts and circumstances of the case and the allegations made in the application, I deem it proper to transfer the Sessions Case No. 33/87 State of Rajasthan v. Arunesh Sharma & Ors . from the Sessions Court Jhunjhunu to the Court of Sessions Judge, Jaipur City, Jaipur.Ordered accordingly. *******