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1997 Supreme(Raj) 1446

ARUN MADAN
Sanjeev Kumar Pareek – Appellant
Versus
State Of Rajasthan – Respondent


Advocates:
For the petitioner:Mr. Ramakant Pareek, Advocate.
For the State:Mr. Sumitra Giyal, Advocate.

JUDGMENT

1. :- Heard learned Counsel for the petitioner and the learned Public Prosecutor for the State.

2. From the perusal of the petition prima-facie I am satisfied that there are sufficient grounds made out for transfer and withdrawal of the proceedings pending against the petitioner before the learned A.C.J.M., Gangapur City, District Sawaimadhopur in Criminal Case No. 443/1994 arising out of FIR No. 164/97 titled State v. Sanjeev Kumar and Ors . The grounds on which the transfer of the case has been sought are that fair and impartial trial cannot be held in the Court at Gangapur city in view of the fact that the father of Smt. Subha Laxmi, the complainant in the case at whose instance criminal proceedings were initiated against the petitioners, is permanent resident of Gangapur City, while the petitioners are the permanent residents of Jaipur, out of which petitioner No. 1 is husband of the complainant and petitioner Nos. 2 to 5 are the family members of the said petitioner. On medical ground it has been stated that the father and me mother of the petitioner No. 1, who are petitioner Nos. 2 and 3 respectively are suffering from ill- health and are in the age group of 70 and 6











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