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. Without fair trial, the entire criminal justice system would be a failure. The accused persons are very much influential in the entire district of Rajnandgaon and adjacent ones, and ends of justice would meet if the trial is transferred from Sessions Division, Rajnandgaon to another Sessions Division. The affidavit and complaint made by Smt. Bharti Belchandan coupled with all the attending circumstances clearly explain that if the trial is allowed to continue at Sessions Division, Rajnandgaon, it would not be in the interest of justice and would just be an empty formality and a futility. He further submits that it is a matter of serious concern that persons in custody are able to threaten the victim and the witnesses and can get away from a serious criminal charge, which on the one hand, would amount to failure of justice and on the other, will lead to further and more heinous offence in future.

Reliance has been placed on the decision of the Madras High Court in the matter of Chitra Vs. The Additional District Superintendent of Police, (2019) CriLJ 3639; Sarasamma @ Saraswathiyamma Vs. State Rep. By Deputy Superintendent of Police, (2018) AIR (SC) 2287; and Sesamma Phillip and Etc. Vs. P. Phillip and etc., (1973) AIR (SC) 875.

4. On the other hand, learned counsel for the respondents/State opposes the prayer made by the petitioner.

5. Learned counsel appearing for the respondents No. 9 to 11 strongly oppose the prayer of the petitioner and submitted that the respondents/accused persons are behind the bar since long and the Hon’ble Apex Court vide order dated 14.9.2022 has directed the trial Court to expedite the proceedings. The instant petition is filed on false and frivolous grounds. PW-7 Nikhil Sonwani was examined by the prosecution on 14.7.2022 and he supported the prosecution case. Thus, it is clear that the accused persons are not trying to influence the witnesses or threaten them. The petitioner has filed this petition on false and frivolous grounds with a view to linger on the case, therefore, it is liable to be dismissed with cost.

Reliance has been placed on the decision of the Hon’ble Supreme Court in the matter of Swaati Nirkhi and others Vs. State (NCT of Delhi) and others, (2021) 11 SCC 163.

6. Heard learned counsel for the parties and perused the material available on record.

7. The petitioner has filed this petition for transfer of the case on the ground that the respondents/accused persons are very influential and hardcore criminals and number of criminal cases are pending against them. They are pressurizing the petitioner and the witnesses in the case pending against them to turn hostile and support the defence in the trial. Copy of deposition of PW-3 is also filed by the petitioner with this petition.

8. Section 177 of CrPC which relates t