Parmeshwar Gope, S/o Late Dukhi Gope v. State of Jharkhand
2017-02-16
RONGON MUKHOPADHYAY
body2017
DigiLaw.ai
ORDER : Heard Mr. Indrajit Sinha, learned counsel for the petitioner and Mr. Sanjay Kumar Pandey, learned A.P.P. for the State. 2. In this application the petitioner has prayed for transfer of C.P. Case No. 2465 of 2012 from the court of Sri Abhishek Prasad, learned Judicial Magistrate, 1st Class, Dhanbad to any other Civil Courts in the State of Jharkhand, preferably Ranchi. 3. It has been submitted by the learned counsel for the petitioner that the petitioner has been made an accused on account of the case instituted by the opposite party no. 2 u/s 498-A of the Indian Penal Code. It has been submitted that earlier the petitioner had also instituted a case and in fact the petitioner is being regularly threatened both at Jabalpur as well as at Dhanbad for which he had given information to the authority concern. Learned counsel submits that the petitioner has a threat to his life and therefore the complaint case instituted by the opposite party no. 2 be transferred to some other court within the State of Jharkhand preferably at Ranchi. 4. Learned A.P.P. for the State has opposed the prayer made by the petitioner. 5. It appears that the petitioner has relied upon some representations which has been submitted by him with respect to the alleged threat given by the family of the opposite party no. 2. Prayer of the petitioner with respect to the threat meted out to him seems only to avoid the Court at Dhanbad. The circumstances which the petitioner has relied upon cannot be a ground for transfer of a criminal case from one District to another. 6. In such view of the matter, I do not find any cause to transfer C.P. Case No. 2465 of 2012 from the court of Sri Abhishek Prasad, learned Judicial Magistrate, 1st Class, Dhanbad to any other Civil Courts in the State of Jharkhand and accordingly, this application sans merit is, hereby, dismissed.