Y.R. Meena, J. - (1.) By this petition, the petitioner has levelled the allegation against the accused that accused Shyam @ Banti is a notorious person in the locality area of Tonk, and in case the petitioner and his family member appear in Court for evidence then the accused may cause any harm to his life and property, therefore, they are afraid of from the accused. The petitioner has also filed application before the Supdt. of Police to this effect, but no assurance was given to petitioner for safety of his life and property. Therefore, the petitioner has prayed to transfer the case from the Court of Sessions Judge, Tonk to Sessions Judge, Dausa.
(2.) Considering the submission of learned counsel for petitioner, I find no justification to transfer the Sessions case No. 5/96 from the Court of Sessions Judge Tonk. However, in the interest of justice the petitioner and his family member, who are witnesses in State v. Shyam, Sessions Case No. 5/96 are directed to approach the SHO of Police Station Tonk on 16.9.1996. The SHO of Police Station Tonk is directed to provide Police protection to the petitioner and his family member and take them to Court on that day for recording their statements in Court. The police protection be also provided to the petitioner and his family member while they return from Tonk after recording their statements. The trial Court is directed that in case the petitioner and other witnesses appear in Court in Sessions Case No. 5/96 on 16.9.1996 their statements be recorded on that day. The trial Court is also directed to list the case No. 5/96 on 16.9.1996 and to intimate the accused persons for their presence in Court on 16.9.1996 for recording the statements of witnesses. The misc. petition is disposed of as indicated above. A copy of this order be sent to Sessions Judge, Tonk as well as to SHO of Police Station Tonk. Orders Accordingly.;