JUDGMENT :

S. Pujahari, J. - Heard.

2. This petition has been filed by the petitioners seeking transfer of S.T. Case No. 51/77 of 2005 from the Court of learned C.J.M.-cum-A.S.J., Nayagarh to any competent Court at Cuttack for fair trial as they apprehend danger to their lives in attending the Court at Nayagarh.

3. Learned counsel appearing for the petitioners submits that the petitioners are now staying at Cuttack and they being ladies, it is difficult on their part to attend the Court at Nayagarh for the purpose of the case. Further, opposite party No. 2-accused along with his friends threatened the petitioner No. 2 when she went to the Court at Nayagarh. In such premises, the petitioners apprehend danger to their lives in attending the Court there, as such there cannot be a fair trial at Nayagarh and therefore the aforesaid case be transferred to any Competent Court at Cuttack in the interest of justice, submits the learned counsel for the petitioner.

4. Perusal of the record in this case would go to show that the petitioners have not substantiated their aforesaid allegation i.e. threatening extended to them prima facie in this case. Therefore, this Court is of the view that the gro