D.N.JOSHI, J. - (1.) HEARD learned counsel for the petitioners, learned counsel for non -petitioner No 2, Smt. Sunita and learned Public Prosecutor.
(2.) THE instant transfer petition has been preferred requesting that Criminal Case No. 366/2001 arising out of FIR No. 478/2000 of Police Station, Pratapgarh under Sections 498A and 406, IPC and under Section 4 of the Dowry Prohibition Act, 1961, pending in the Court of Additional Chief Judicial Magistrate, Pratapgarh, District Chittorgarh, Rajasthan be transferred to Alwar/Jaipur or any other place near to Delhi in the State of Rajasthan. Learned counsel for the petitioners states that looking to the convenience of the parties as narrated in Ground B of the petition, the case may be transferred from Pratapgarh. It was argued that no proper legal assistance is available to the accused -petitioners on that place as the case relates to the daughter of an advocate practicing at Partapgarh. It was further argued that looking to the grounds mentioned in the application (page No. 6 of the petition), there is a reasonable apprehension that the petitioners would not get a fair trial at that place. Justice should not only be done but should appear to be done. No advocate at Pratapgarh is prepared to take brief on behalf of accused -petitioners. It was further argued that State has not filed the reply of the petition, therefore, it is to be presumed that it has no objection in the transfer of the case from Pratapgarh, though non -petitioner No. 2 has filed reply objecting to transfer of the case.
(3.) IT was further argued that counsel for the non -petitioner No. 2 has no locus standi to oppose the application under Section 301 of the Code of Criminal Procedure. Therefore, looking to the circumstances of the case, the application for transfer of the case be accepted and the case be transferred from Pratapgarh to any other Court having jurisdiction in Rajasthan.;