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2021 (12) TMI 1006 - GAUHATI HIGH COURTTerritorial Jurisdiction - Seeking transfer of the criminal proceedings of a complaint case - ground raised is of inconvenience - Section 407 of the Code of Criminal Procedure, 1973 - HELD THAT:- The provision of Section 407 of the Code has provided power to the High Court to transfer cases and appeals. It is laid down therein that whenever it is made to appear to the High Court [a] that a fair and impartial inquiry or trial cannot be had in any Criminal Court subordinate thereto, or [b] that some question of law of unusual difficulty is likely to arise; or [c] that an order under the section is required by any provision of this Code, or will tend to the general convenience of the parties or witnesses, or is expedient for the ends of justice, then the Court may inter alia order that any particular case be transferred from a Criminal Court subordinate to its authority to any other such Criminal Court of equal or superior jurisdiction. In the case in hand, the petitioner has not raised any apprehension regarding any unfair and partial trial nor regarding any question of law of unusual difficulty which is likely to arise in the complaint under Section 138 r/w 142 of the Negotiable Instruments Act. The only ground that the petitioner has raised is with regard to the inconvenience he likely to face in attending the trial at Jorhat by travelling from his village of residence at Tingkhong, which is situated at a distance of approx. 160 KMs to Jorhat - In the case in hand, the petitioner has not pleaded any physical disability to travel the distance of approx. 160 KMs from his place of residence to Jorhat i.e. the place of trial. The petitioner has claimed himself to be as an agriculturist. The petitioner has declared his age as 38 years. The learned counsel for the parties at the Bar has submitted that the transportation facility from Dibrugarh to Jorhat is good. An able bodied person can complete to and fro journey from Dibrugarh to Jorhat and vice versa within the day. There are different modes of public transport like bus, rail, light motor vehicles, etc. are available at small intervals. The ground of inconvenience that has been urged on behalf of the petitioner does not deserve acceptance - Petition dismissed.
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