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IN THE HIGH COURT OF ALLAHABAD
NAND PRABHA SHUKLA
Kavita Chaudhary – Appellant
Versus
State Of U.P. – Respondent
| Table of Content |
|---|
| 1. applicant's transfer request due to threat perception. (Para 2 , 3) |
| 2. court's inquiry into security concerns. (Para 4 , 5) |
| 3. court's decision on security and witness protection. (Para 6 , 7) |
| 4. application disposed with directions. (Para 8) |
1. Heard Sri Nasiruzzaman, learned counsel for the applicant, Sri Gopal Chaturvedi, learned Senior Advocate assisted by Sri Aditya Gupta, learned counsel for the opposite party nos. 2 to 4 and SriRatan Singh, learned A.G.A. for the State and perused the record.
2. The present application under Section 407 of Cr.P.C. has been filed by the applicant seeking transfer of Sessions Trial No. 30 of 2024 (State vs. Nitin Dagar and others) in Case Crime No.547 of 2023, under Sections 3 02 /34, 120B/302 IPC and Section 3 /25/27 of ARMS ACT , P.S. Sihani Gate, District Ghaziabad pending in the Court of Additional Sessions Judge, Court No.13, Ghaziabad to be transferred to any other competent Court at Aligarh mainly on the ground that respondent nos. 2 and 3 are the practicing Advocates and the applicant being a poor widow is under their threat perception and is unable to procure any competent Lawyer to contest her case.
3. Learned
The court upheld that witness safety is paramount and directed the use of the Witness Protection Scheme for fair trials, particularly in cases with threats against participants.
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.
Case of stalking and Word, gesture or act intended to insult the modesty of a woman - Safety for women - Application for Transfer of case allowed - Transferred a criminal case on ground of safety of ....
Point of Law : An order of transfer is not to be passed as a matter of routine or merely because an interested party has expressed some apprehension about proper conduct of the trial. The power has t....
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