JUDGEMENT
Dalip Singh, J. -
(1.) This is a transfer
petition by the applicant who is residing at
Bhopal in M.P. and has stated in para No. 3
that when the petitioner-applicant appeared
before the court at Jaipur, the complainant who
was at that time practising as an Advocate at
Jaipur with the assistance of some uknown
persons attacked the petitioner-applicant and
it has become difficult for the petitioner-
applicant in these circumstances to appear
before the court at Jaipur where the complainant
has sufficient influence and that the
petitioner is apprehending that in these
circumstances, he would not get fair and
impartial trial as he may not even get proper
assistance of an Advocate at Jaipur.
(2.) It has also been averred in the transfer
application that the respondent has lodged false
complaints with regard to the alleged incident
of the court in Jaipur with a view to get the bail
granted to the applicant cancelled under Section
437(5) Cr.P.C. by using such tactics. Further
averments have also been made in para No.5
of the petition which may not be necessary to
incorporate herein. The sum and substance of
the allegations contained in the petition is that
the petitioner apprehends that he may not get
a fair trial at Jaipur.
(3.) Opposing the aforesaid application,
learned counsel for the complainant has
contended that the allegations are all false. In
fact the complainant had lodged an FIR against
the petitioner, as has been mentioned in the
reply and that it is the complainant who has
been creating the problems when she comes
to appear at the time of hearing in the case.;
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