JUDGMENT R. N. BISWAL, J. — Mirza Asraf Alli Baig, his son Saku and five others have been charge sheeted for the offence under Sections 452/302/120-B I.P.C. in S.T. case No.101/107 of 2004 pending in the Court of Ad-hoc Addl. Sessions Judge, Nayagarh, in connection with the murder of Dr. Mirza Abid Alli Baig, the younger brother of accused Mirza Asraf Ali Baig at Nayagarh town. The State of Orissa through P.P., Puri filed a petition under Section 408 Cr.P.C. with a prayer to transfer the aforesaid sessions case to the Sessions Judge, Puri on the ground that the family members of the deceased left Nayagarh because of threat given by the accused group. Mrs. Almas wife of accused Asraf Alli Baig and her younger son Saku intimidated the persons who intend¬ed to take the ancestral house of the deceased on rent. They threatened Sachidananda Pradhan, a shop keeper, who has taken the clinic of the deceased-doctor on rent for business purpose and the witnesses to the murder case with dire consequence. The supporters of the accused persons had also been threatening Rosan Ara Begum, Husne Ara Begum and Jahan Ara Begum, the sisters of the deceased, who are also witnesses to the murder case with dire consequence if at all they deposed against the accused persons. 2. To prove its stand the State of Orissa filed Station Diary Entry Nos. 480 dated 22.4.2004, 62 and 55 dated 3.5.2004. Station Diary Entry No.480 dated 22.4.2004 shows that the three sisters of the deceased namely Hasne Ara Begum, Roshan Ara Begum and Johan Ara Begum requested Sri S. K. Mohanty, S.I. of Police, Nayagarh to provide them security during the trial of the case. As per Station Diary Entry No.62 dated 3.5.2004 Sachindananda Pradhan, one of the witnesses to the murder case was threatened by the wife and son of accused Asraf Alli Baig with dire conse¬quences, if he deposed against the accused persons. From Station Diary Entry No.55 dated 3.5.2004 it is found that the wife and son of the main accused were threatening Nakul Das, another eye witness with dire consequence if at all he would depose against the accused persons. 3. From Station Diary Entry No.55 dated 3.5.2004 it is found that the wife and son of the main accused were threatening Nakul Das, another eye witness with dire consequence if at all he would depose against the accused persons. 3. After hearing, learned Sessions Judge, Puri, rejected the petition holding that if in fact the witnesses are truthful, they must depose in the Court at Nayagarh if protection is given to them for their safety by the police at Nayagarh. 4. Being aggrieved, the State of Orissa has filed the present petition under Section 407 Cr.P.C. with the prayer as was made before the Sessions Judge, Puri. The grounds taken in this petition are almost same as were taken in the petition filed before the Sessions Judge, Puri. In their counter averments the opp.parties- accused persons stated that they had already been detained behind the bars for about two years. When the case was made ready for hearing, with ulterior motive, the frivolous petition was filed to transfer the case from Nayagarh to Puri with the sole motive that they would remain inside jail for a longer period since the State as well as the wife and sisters of the deceased are well aware that the charge as framed against them cannot be established. It is the further stand of the ac¬cused persons/O.Ps. that he Station Diary entries were created just before filing of the petition under Section 408 Cr.P.C. before the Sessions Judge, Puri. Under such circumstances, it is prayed to reject the petition. 5. Extract of the Station Diary entry No.480 dated 22.4.2004 as referred to earlier shows that the three sisters of late Dr. Mirza Abid Alli Baig informed the S.I. of Nayagarh Police Station that since they were getting threat calls from anonymous persons, they were frightened to come to Nayagarh to give evidence and as such requested for police help at the time of trial. Similarly Station Diary entry No.62 reflects that on 3.5.2004 Sachidananda Pradhan reported before the A.S.I. of Police, Nayagarh Police Station that on that date while he was working in his clinic, the wife and son of accused Mirza Asraf Alli Baig came there and threatened him to face dir-e consequence if he would depose against the accused/O.Ps. in the aforesaid murder case. in the aforesaid murder case. Again on the same date one Nakul Dash appeared before the A.S.I. of Nayagarh Police Station and reported that the same persons threatened him not to depose against the accused persons, which was entered in the station diary vide entry No.55 dated 3.5.2004. 6. Learned Addl. Standing Counsel appearing for the Sta¬te of Orissa submitted that a free and fair trial is the sine qua non of administration of justice.It appears from the afore¬said station diary entries that the atmosphere at Nayagarh is not congenial for trial of the Sessions case. The witnesses apprehend danger to their lives. They cannot depose freely in the Court if the trial is held at Nayagarh. So he submitted that it is a fit case to be transferred to the Court of Sessions Judge, Puri or to some other competent Court. In support of his submission he relied upon decisions in Nilam Katara v. State of U.P. and others 2002(6) SCALE 172, Sahira Habibulla H. Seikh & another v. State of Gujarat & Others (2004) 28 OCR, 321, Mrs. Maneka Sanjay Gandhi v. Ms. Rani Jethmalani), 1979(2) SCR 378 , and Abdul Nazar Madani v. State of Tamil Nadu (2002) 6 SCC 204. 7. As against this, learned counsel appearing on behalf of the accused-opp.parties submitted that mere apprehension of danger to life is not enough. The apprehension must be reasona¬ble. In support of his submission he relied on the decision in Bulu alias Prasanta Kumar Panigrahi v. The State (1995) 9 OCR 32 where this Court held that a petition for transfer is not required to demonstrate that justice will fail. The petitioner is entitled to transfer if he shows circumstances giving rise to inference that he entertains an apprehension and that it is reason¬able on the circumstances alleged. A mere allegation, however, that there is apprehension that justice will not be done in a given case will not be enough. In the case at hand the apprehen¬sion of some of the witnesses that their lives would be in danger at Nayagarh if they depose there against the accused/O.Ps. is not reasonable. Because Mrs. Almas is an old lady and Saku is a young boy who is prosecuting his study. In the case at hand the apprehen¬sion of some of the witnesses that their lives would be in danger at Nayagarh if they depose there against the accused/O.Ps. is not reasonable. Because Mrs. Almas is an old lady and Saku is a young boy who is prosecuting his study. As stated earlier the wife of the deceased, his three sisters and two other witnesses alone have alleged to have been threatened by the relations and sup¬porters of the opp.party/accused persons. Sixty nine persons have been cited as witnesses in the charge sheet. Barring the afore¬said six witnesses none else has made any sort of allegation of threat from the side of the relatives or supporters of the opp.party/accused persons. Moreover, as per the station diary entry No.480 the three sisters of the deceased sought for police help to attend the Court at Nayagarh. If adequate security is provided to the witnesses who fancy danger to their lives they can depose freely without any fear. So the learned counsel for the accused/opp.parties urged to reject the petition. 8. As per Section 177 of the Cr.P.C. ordinarily an offence is to be enquired into and tried before the Court within whose local jurisdiction it was committed. In exceptional cases, as provided under Section 407 of the Cr.P.C. a case can be trans¬ferred from one Criminal Court to another. In the case at hand the petition for transfer of the Sessions case has not been filed by the informant or any other witnesses. The three sisters of the deceased, his wife, the witness who has taken the clinic of the deceased on rent and another witness only out of 69 charge-sheet-witnesses have alleged to have received threat from the support¬ers of the accused persons. A report was called for by this Court from the I.I.C. of Nayagarh Police Station about the action, if any, taken by him against the son and wife of accused Mirza Asraf Alli Baig on the report of the sisters and wife of the deceased and others. In his report the I.I.C. stated that he had taken action to initiate a proceeding under Section 107 Cr.P.C. against them. As per submission of the learned counsel for the accused-opp.parties, the wife of accused Mirza Asraf Alli Baig is an old lady and Saku, his son is a student. So the apprehension cannot be said as reasonable. In his report the I.I.C. stated that he had taken action to initiate a proceeding under Section 107 Cr.P.C. against them. As per submission of the learned counsel for the accused-opp.parties, the wife of accused Mirza Asraf Alli Baig is an old lady and Saku, his son is a student. So the apprehension cannot be said as reasonable. It does not satisfy the conscience that the witnesses cannot depose fearlessly at Nayagarh, even if such threat is held to be true, if adequate police protection is provided for their safety. Mere anonymous threat calls cannot also be a ground for transfer of the Sessions case from Nayagarh to Puri, particularly when the three sisters of the deceased sought for only police protection at Nayagarh. Under such premises the TRPCL stands dismissed and the order of the learned Sessions Judge, Puri is confirmed. TRPCRL dismissed.