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2020 Supreme(SC) 604

HRISHIKESH ROY
Umesh Kumar Sharma – Appellant
Versus
State of Uttarakhand – Respondent


Advocates Appeared ;
For the Petitioner(s):Anunabh Chowdhury, Jayant Mohan, Advocates
For the Respondent(s):Sanat Kumar, Kuldeep Parihar, Ruchira Gupta, Jaswant Singh Rawat, Arvind Kumar Shukla, Reetu Sharma, Nihal Ahmad, Neena Shukla, Amit Kumar, Pallavi Langar, Advocates

JUDGMENT :

Hrishikesh Roy, J.

1. The present petitions are filed under Section 406 of the Code of Criminal Procedure, 1973 (for short “the CrPC”) read with Order XXXIX of the Supreme Court Rules seeking transfer of three criminal cases pending before different courts in Dehradun to competent courts in Delhi or some other courts outside the State of Uttarakhand.

2. Mr. Kapil Sibal, the learned Senior Counsel submits that the petitioner apprehends threat to his life and will be prejudiced in conducting his defense in the courts at Dehradun. The basic premise for such apprehension is that on account of his work as an investigative journalist against the Ruling dispensation, the State is targeting the petitioner for vindictive prosecution. It is pointed out that as a journalist the petitioner has conducted sting operations against the Chief Minister, his relatives and associates in the State of Uttarakhand and therefore he is being targeted for malicious prosecution within the State. Moreover, besides the three cases for which transfer is sought, many false cases are foisted against the petitioner. As such, the petitioner has a genuine and justifiable apprehension that justice will not be


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