A reasonable apprehension of an unfair trial must be demonstrated by the petitioner seeking transfer of a case under Section 407 of the Code of Criminal Procedure.

R.L. KHURANA, J.—The petitioners, who are facing prosecution for the offences under Sections 341, 323, 356, 506 and 427, read with Section 34, Indian Penal Code, before the learned Additional Chief Judicial Magistrate, Dalhousie, have approached this Court under Section 407, Code of Criminal Procedure Code, for the transfer of the case against them, that is, State v. H.S. Mann and others, to a Court of competent jurisdiction, either at Solan or at Nalagarh in District Solan.

2. The following grounds have been put forward by the petitioners in seeking the transfer of the case against them from Dalhousie in District Chamba :— (a) That the petitioners do not expect a fair trail by the Honble Court at Dalhousie inasmuch as it would not be possible for the petitioners to put up their defence and it is clear from the threats given by the respondent No. 4, a reasonable apprehension is there in the mind of the petitioner that the moment they cross District Ropar, they are not safe. Therefore, the case deserves to be transferred. (b) That the respondent No. 4, who is the complainant has filed the FIR as a counter-blast and the petitioners have been falsely implicated with the help of his maternal uncle who is permanent resident of Dalhousie. It is further submitted that the respondent No. 4 who is an accused alongwith his father-in-law Sh. Kuldip Singh in FIR No. 59 dated 12.5.1996 under Sections 420/468/471/120-B of the Indian Penal Code pending trial before the learned Court of J.M.I.C. Kharar and in order to put pressure to withdraw the criminal litigation, the present FIR has been lodged, apart from the aforesaid case, there are a number of cases as has been detailed in the paras supra of the petition. Thus, the present FIR is the result of mala fides and vengeance. Therefore, the case deserves to be transferred as prayed above. (c) That the case is liable to be transferred keeping in view the fact that it is expedient for the ends of justice, especially when the FIR which has been got registered by the respondent No. 4 and almost similar incident as alleged by the respondent No. 4 at Kharar, has already been found to be false and the respondent No. 4 is facing proceedings under Section 182 of the Indian Penal Code in the Court of J.M.I.C. Kharar. Thereafter, the case deserves to be transferred on this ground too. (d) That the case is liable to be transferred on the ground that the complainant-respondent No. 4 and his associates gave an open threat on 7th March, 1998, at Kharar after attending the hearing in the case registered against the complainant under Section 182 of the Indian Penal Code that the respondent No. 4 would get the petitioners convicted from J.M.I.C. Dalhousie, as he has not only social influence but also money and muscle power with him which he would utilise to his best capacity and a complaint has already been lodged by the petitioner No. 1 with the Director General of Police in this behalf but no action has been taken. Therefore, keeping in view this aspect of the matter too, there is a reasonable apprehension of failure of justice in the mind of the petitioners which is a paramount consideration for transfer of the case. Therefore, the present is a fit case wherein the case may be transferred keeping in view the entire facts and circumstances of the case. That the petitioners are unable to find out any Advocate from Dalhousie being foreigners to the place who could defend their case during the trial. It is further submitted on behalf of the petitioners that it would not be possible for them to arrange for surety at that place. Therefore, keeping in view this aspect of the matter too, the case deserves to be transferred by this Honble Court in the interest of justice. (e) That keeping in view the health condition of petitioner No. 1, who is a chronic patient of diabities etc., as detailed in paras supra, is unable to go to such an height and a long distance and in such circumstances for attending the ca