The Code of Criminal Procedure, 1973  - Section 406

Transfer petition - Deceased killed by the accused - Son of the deceased seeking transfer of proceedings from Haridwar to Delhi - Ground of transfer - Coercion and threat to the witnesses as well as doubtful sincerity of the investigating agency and prosecuting agency - Evidence showing that several letters/ applications written by the petitioner about the threats administered to him and his family by the accomplices of the accused - No action taken by the SSP, Haridwar or by Government of Uttarakhand - No protection afforded to the petitioner and his family to thwart such threats - Driver of the deceased an eye-witness of the murder - Driver turned hostile due to threats - Accused belong to powerful gang operating in U.P. - Circumstances showing it difficult for the witnesses to safely depose truth because of fear of being haunted by those against whom they have to depose - Directions issued to transfer the case from Haridwar to competent Court of jurisdiction at Delhi - Petition allowed.

Topic(s)-Transfer petition