ORDER

1. We have heard counsel for the parties.

2. The petitioner is being tried of an offence punishable under Section 307 IPC. The trial was to take place at Indore but, in view of the fact that the rival gang has been after his blood and two attempts were made on his life, the High Court transferred his trial to Bhopal. It appears that even during the trial at Bhopal he was attacked a third time and serious injuries were caused to him which necessitated his being admitted to the hospital and an operation being performed to repair his damaged liver.

3. In these circumstances, the petitioner has prayed that his case may be transferred to any court outside the State of M.P. Counsel for the State does not dispute the fact that the petitioner has been attacked thrice during this period and he does face danger to his life. Of course, the State contends that it will provide him with protection such as is considered necessary. We notice that a gunman was deputed to provide security to the petitioner but despite that he was attacked a third time causing him serious injuries, and the gunman deputed to protect him could do nothing except to make himself scarce.

4. In these facts and circumstances, we transfer Sessions Trial No. 65 of 2004 pending before the Special Court (Atrocities), Bhopal Sessions Court, Bhopal to the Court of the District and Sessions Judge, Nasik who may try the case himself or assign the trial to a court of competent jurisdiction. The record of the case shall be immediately transmitted by the Bhopal Sessions Court to the Court of the district and Sessions Judge, Nasik.

5. This transfer petition is allowed.