1. Present application is made with a prayer for transfer of proceedings. The applicant has prayed that the proceedings, which are pending before the learned Fast Track Court, Valsad, may be transferred to any other Sessions Court or District Court except Valsad District Court. This prayer is made in para 12 (B) of the present petition. On the other hand, Mr. B. C. Rupera, learned advocate appearing for the applicant submitted during his submission that the applicant is residing at Maharashtra and therefore, it is prayed that the proceedings may be transferred to the Court at District Dhuliya, Maharashtra. It is, however, pertinent that such is not even the prayer in the present Special Criminal Application No.1167 of 2008. Even otherwise, the ground which, the applicant has urged in the application, particularly, in para 5, is on the premise of threat from other side and not on the ground of place of residence or inconvenience. The record shows that the applicant has never approached any authority with request for protection on the ground that the respondents have threatened him and he is, therefore, apprehensive to attend the proceedings. The applicant has not approached the authority with request for protection for witness and in absence of such request and for denial or rejection of request, the application is not maintainable and does not deserve to be entertained.
2. In this view of the matter, no ground in support of the prayer for transfer of the proceedings is made. Hence, the application is rejected at this stage.
(K.M.THAKER, J.) ynvyas Top