DEEPAK SINGH POKHARIYA Vs. STATE OF UTTARAKHAND & ANOTHER
HIGH COURT OF UTTARAKHAND
Deepak Singh Pokhariya
State of Uttarakhand and another
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(1.) Having heard learned Counsel for the applicant and learned State Counsel and on going through the papers on record, it appears that the applicant wants transfer of the trial of Criminal Case No. 196/2012, wherein he is being prosecuted for the offences under Section 332, 353, 504 IPC, from the Court of Judicial Magistrate, Ist Class, Didihat, District Pithoragarh to any other court within District Nainital or Udham Singh Nagar.
(2.) It has been submitted by the learned Counsel for the applicant that on being approached by some local residents, when the applicant protested with the police personnel on the issue of charging higher prices for liquor by the owners of liquor shops of the area, he was implicated in this false case by the police. Learned Counsel contended that some of the owners of liquor shops have good relations with the family members of Ganesh Martolia, who is the DIG of Pithoragarh Range. Pithoragarh Range comprises of districts Almora, Bageshwar, Champawat and Pithoragarh.
(3.) He submitted that in the circumstances, fair and impartial trial is not possible in the matter. The submissions of learned Counsel are without any substance.
DIG of the area cannot set the course and result of a judicial trial. In no way, he can affect the judicial proceedings.;
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