2025:UHC:4363 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS C447 No. 20/2024 Hon’ble Manoj Kumar Tiwari, J. Mr. Arvind Kumar Sharma, Advocate, for the applicant. Mr. K.S. Bora, Deputy AG, with Mr. J.P. Kandpal, Brief Holder, for the State. Ms. Manisha Bhandari, Advocate, for the respondent no. 2. (2) Applicant has registered an FIR, which resulted in submission of chargesheet against respondent no. 2. Trial is going on before Sessions Judge, Nainital. Applicant has filed this transfer application under Section 447 of BNSS seeking transfer of proceedings of said Sessions Trial No. 14 of 2023, under Section 302, 201 IPC, from the Court of Sessions Judge, Nainital to some other competent court at Rudrapur, Kashipur or Haldwani. (3) Learned Counsel for the applicant submits that the deceased was applicant’s elder sister, who was murdered by respondent no. 2 and, now, respondent no. 2 and his relatives are extending threat to complainant (applicant herein) and other witnesses of the case. Thus he submits that complainant/applicant, who is a resident of Moradabad, has to come all the way from Moradabad to Nainital, therefore she is facing difficulty in pursuing the trial. Therefore, she has sought transfer of the case to a place nearer to Moradabad. 2025:UHC:4363 (4) Learned Counsel for the respondent no. 2, however, submits that earlier also, applicant had sought transfer of the aforesaid case from Nainital to some other place by filing Transfer Application No. 35 of 2023, which was disposed of as this Court did not find any good ground for transferring the case from Nainital to some other place. She further submits that if applicant has any threat to her life, then she could have availed remedy under Uttarakhand Witness Protection Act, 2020 and this Court had also provided that if she makes application under the said Act, competent authority shall consider the same as per law. (5) This Court do not find any reason to entertain this transfer application as earlier application under the same ground was disposed of with the liberty aforesaid. Consequently, this transfer application is dismissed, Interim order, if any, stands vacated. (6) Learned Counsel for the applicant submits that applicant will move application before the competent authority under Uttarakhand Witness Protection Act, 2020 within ten days. It is, therefore, provided that if applicant makes application for protection under the said Act, her request shall be considered favourably. (7) Certified copy of this order shall be supplied to learned Counsel, within 24 hours, on payment of prescribed charges. (Manoj Kumar Tiwari, J.) 23.5.2025 Pr PRABODH KUMAR Digitally signed by PRABODH KUMAR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3a082a00a95aff911a9559743af8f21c50602ff6eae4e61af3aeab198d462503, postalCode=263001, st=UTTARAKHAND, serialNumber=0DC111E8D8CA66E16B940EFDF806ACCC1AB588052DF6FCA58C67F3C91957BE53, cn=PRABODH KUMAR Date: 2025.05.23 17:21:51 +05'30' 2025:UHC:4363