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Madhya Pradesh High Court · body

1998 DIGILAW 856 (MP)

Sitaram v. State of M. P.

1998-11-11

SHACHEENDRA DWIVEDI

body1998
JUDGMENT This is an application filed by the petitioner under Section 407 of Cr.P.C., for transfer of the criminal case No. 62/95 and the connected matter No. 112/95, pending in the Court of Judicial Magistrate First Class, Sabalgarh. The application preferred before the Sessions Court was rejected. It is submitted by the petitioners that respondents 2 and 3 are influencial persons and are in the service of police department. As such, the petitioners who are residents of Morena have the apprehension that they would not be able to properly defend their case at Babalgarh, before the trial Court. Shri Tripathi, appearing for respondents 2 and 3 has controverted the contention submitting that the respondents 2 and 3 are not in-route from Morena to Sabalgarh. They are posted at Sheopurkalan which is far away from Sabalgarh. The apprehension expressed is without any merit. The petition is, therefore, prayed to be dismissed. Shri Baraiya, Dy. Govt. Advocate, appearing for the State, submits that there is no reason for transferring the case No. 62/95 and the connected case No. 112/95 from Sabalgarh to any other Court. I have considered the rival contentions. It may be seen that on the report lodged by the petitioners, a connected case is also pending against the respondents 2 and 3 disclosing the commission of offence under Section 325/34 of IPC. The petitioners submit that whenever they go to attend the dates at Sabalgarh, they are pressurised for a compromise with the respondents 2 and 3. Considering the facts and circumstances and without meaning to comment on the merits of the case, it is directed that for attending the dates whenever the petitioners are required to go to Sabalgarh, they shall inform the concerned police station at Morena and they shall be provided the police protection at their expenses for going to Sabalgarh in order to attend the dates fixed by the trial Court. Before parting with the order, it may also be observed that the learned trial Court shall expedite the hearing of the two criminal matters and to decide the same on priority basis. It may be within a period of nine months from the date of communication of this order.