Heard learned counsel for the applicants and learned A.G.A. for the State of U.P.
This application has been filed by the applicants Smt. Rekha Sant and Prateek Sant with a prayer that the proceedings of criminal case No. 765 of 2008 under sections 498-A, 323, 504, 506 IPC and section 3/4 D.P. Act, P.S. Hazrat Nagar Garhi, Sambhal, District Moradabad pending in the court of learned Addl. Judicial Magistrate, Court No. 1, Sambhal, district Moradabad may be transferred to J.P. Nagar, Bijnore or any other district.
It is contended by learned counsel for the applicants that applicants are accused persons in the above mentioned case, whenever they go to attend the court at Sambhal, they are threatened by the respondent No. 2 and her associates, therefore, this case may be transferred either to J.P. Nagar or any other distirct.
In reply of the above contention, it is submitted by learned A.G.A. that there is dispute between husband and wife, respondent no. 2 is woman. the allegation with regard to the threatening are not correct, therefore, this case may not be transferred from the court of Sambhal to any other district.
Considering the submissions made by learned counsel for the applicants, learned A.G.A. and from the perusal of the record it appears that applicants are accused in above mentioned case, there is dispute between husband and wife, the allegation made are not of serious in nature, scope of threatening is too little. There is no good ground for transferring the case to any other district. Such prayer is refused.
However, it is directed that that in case applicants move an application before DIG/SSP, Moradabad for protection on date fixed at Sambhal, the same shall be provided for the limited purpose without any cost.
With this direction, this application is finally disposed of.
Order Date :- 8.1.2010 RPD