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2024 DAILYLAW 813 (UTT)

PRADEEP CHAUDHARY ALIAS PRADEEP KUMAR KAMBOJ v. STATE OF UTTARAKHAND

C447/1/2024 · 2026-08-21

Siddhartha Sah

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Judgment text

Extracted from the PDF above. The PDF is authoritative.

SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS UKHC010106542024 C447/1/2024 Pradeep Chaudhary Alias Pradeep Kumar Kamboj --Applicant Versus State Of Uttarakhand & Ors. --Respondents Hon’ble Siddhartha Sah, J. Mr. Niranjan Bhatt, learned counsel for the applicant. 2. Mr. S. S. Chauhan, learned D.A.G. assisted by Mr. Vikash Uniyal, learned Brief Holder for the State. 3. Mr. Harshit Sanwal, learned counsel for the private respondents. 4. By means of the present Criminal Transfer Application under Section 447 of BNSS, the applicant has sought transfer of Criminal Case No.289 of 2024 (Case Crime No.21 of 2024) ‘State vs. Shoorveer Singh Rangarh’ , for the offence punishable under Sections 323, 325, 34, 452, 504 and 506 of IPC, Police State Kotwali Uttarkashi, District Uttarkashi, pending in the court of learned Chief Judicial Magistrate, Uttarkashi to any other court of Dehradun. 5. Learned counsel for the applicant submits that the applicant was seriously assaulted by the accused persons, pursuant to which an FIR was registered and the trial is presently pending. The applicant/informant belongs to Dehradun, and it is difficult for him to travel to Uttarkashi on each and every date of hearing. Therefore, he seeks transfer on the aforesaid ground. 6. Learned counsel for the private respondents, Mr. Harshit Sanwal, would submit that the incident has occurred in Uttarkashi and all the witnesses, except the applicant/informant, belong to Uttarkashi. Two witnesses have already been examined, and the trial is underway. He would further submit that the transfer application cannot be allowed on the ground as being sought by the applicant/informant, particularly when his testimony is yet to be recorded. On the other hand, if the applicant/informant so desires, he may participate in the trial court proceedings through video conferencing. 7. Learned State counsel submits that, in the event the informant is required to appear as a witness before the trial court, the applicant shall be provided due protection upon making an appropriate application under the Witness Protection Scheme. 8. In such view of the matter, the trial court is directed to permit the informant/applicant to participate in the trial court proceedings through video conferencing. However, on the date fixed for recording his statement as a prosecution witness, he shall remain present in person and if the applicant/informant/victim makes an application under the Witness Protection Scheme, he shall be provided due protection by the State. 9. Learned Deputy Advocate General for the State is directed to ensure compliance with the provisions of the Witness Protection Scheme. 10. It is further provided that, in the event the informant faces any threat perception from the accused persons, he shall be at liberty to seek recall of this order or to file an appropriate application before this Court. 11. With the aforesaid observations, the Transfer Application under Section 447 of BNSS stands disposed of. (Siddhartha Sah, J.) 21.08.2026 Akash