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2021 Supreme(UK) 29

ALOK KUMAR VERMA
Shilpi Lawrence Elenjikal – Appellant
Versus
State of Uttarakhand – Respondent


JUDGMENT :

Alok Kumar Verma, J.

This transfer application is filed under Section 407 of the Code of Criminal Procedure, 1973 seeking transfer of Criminal Case No.1185 of 2019, “State vs. Parikshit Arvind Joshi”, under Sections 354 D (i) (ii), 506 and 509 of I.P.C., pending before the court of the Additional Chief Judicial Magistrate, Kotdwar, District Pauri Garhwal to the court of the Chief Judicial Magistrate, Udham Singh Nagar or to the court of the Chief Judicial Magistrate, Nainital.

2. Notice is personally served on Parikshit Arvind Joshi, the respondent No.2, but, he is not present.

3. Heard Ms. Shilpi Lawrence Elenjikal, the applicant-in-person and Mr. P.S. Uniyal, the learned Brief Holder for the State, the respondent no.1, through video conferencing.

4. Ms. Shilpi Lawrence Elenjikal, the applicant-in-person submitted that she apprehends threat to her life and will be prejudiced in conducting her case in the court of Additional Chief Judicial Magistrate, Kotdwar, District Pauri Garhwal. She submitted that the Hon’ble Supreme Court in Special Leave Petition (Criminal) No.6146 of 2019, vide order dated 29.11.2019, had specifically directed the respondent No.2 to desist from attemp

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