D.C.Srivastava - (1.) LIST has been revised. None appears for opposite- parties No. 2 to 8. Affidavit and counter-affidavit have been filed. Learned counsel for the petitioner has been heard.
(2.) IN this transfer application, the prayer is for transferring Criminal Case No. 119 of 1990 pending in the Court of Chief Judicial Magistrate, Sonbhadra to any adjoining district, namely, Allahabad, Mirzapur or Varanasi. The grounds of transfer are contained IN paragraphs 14 and 15 of the affidavit accompanying the application. The allegation is that on one of the date fixed the petitioner went to the Court of Chief Judicial Magistrate, Sonbhadra and found that several persons armed with firearms, etc., were present and were threatening the petitioner. The petitioner informed the Superintendent of Police, Robertsgang about this incident. Again when a witness was being examined in the Court of Chief Judicial Magistrate, Sonbhadra. the petitioner was present, when again the accused persons, namely, the opposite-parties aforesaid threatened the petitioner to his life and liberty, another application of this incident was given to the Superintendent of Police, Robertsgang vide Annexure VI. Counter-affidavit has been filed in which these averments have been denied, but since nobody is present to press the counter-affidavit or oppose the transfer application, there is no reason to disbelieve the affidavit which is supported by Annexures III and VI. Annexure III is the application given by the wife of the petitioner to the Chief Conservator of Forest, U. P., Lucknow regarding the threat extended by the accused persons to her husband, namely, the petitioner, in Criminal Case No. 119 of 1990. There is thus sufficient ground for allowing the transfer application, which is hereby allowed. Criminal Case No. 119 of 1990 is transferred from the Court of Chief Judicial Magistrate, Sonbhadra to the Court of Chief Judicial Magistrate, Mirzapur, who shall hear and decide the same in accordance with law.;