Back
RAJANI DUBEY
Ravendra Kumar Namdeo – Appellant
Versus
State Of Chhattisgarh – Respondent
ORDER :
The present petition under Section 407 of the Code of Criminal Procedure (CrPC) has been filed for transfer of Session Trial No.71/2021, State of Chhattisgarh Vs. Nitin Limbu and others, from the Court of Second Additional Sessions Judge, Rajnandgaon to the Sessions Court at Bilaspur or any other Sessions Division.
2. The petitioner is the father of the deceased Shubham Namdev who was allegedly murdered on 10.9.2018. Respondents No. 9 to 11 herein are facing trial before the Court of Second Additional Sessions Judge, Rajnandgaon in Sessions Trial No.71/2021 for the offence punishable under Sections 302, 201, 120B, 193 of IPC and Sections 25 & 27 of the Arms Act.
3. Learned counsel for the petitioner submits that the accused persons are quite competent to get the witnesses change their evidence and are very influential and hardcore criminals. It is clear from the record of the trial Court that number of criminal cases are pending against them and they are a serious threat to the society. The State is bound to ensure protection of the victim and the witnesses. Fair trial is a part of right to life and personal liberty guaranteed under Article 21 of the Constitution of India. Wit
The necessity for ensuring the protection of witnesses and the impossibility of a fair trial in Srinagar due to threats faced by witnesses and the refusal of lawyers to provide legal assistance.
The convenience of prosecution witnesses, especially public servants, is paramount in considering the transfer of case proceedings.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
