Code of Criminal Procedure, 1973–Sec. 407–Transfer of criminal trial–Accuseds are belonging to a powerful gang Brutal murder was committed by them–Driver of deceased who was the eye witness of the incident, turned hostile–Inspite of receiving several notices petitioner, his wife and other family
members did not become able to go Haridwar to depose before Court–In such situation, the prosecution would not able to lead any evidence in the case of brutal murder and accused will have to be acquitted–Four accused has been already enlarged on bail and police or State didn’t take any step for cancellation of their bail–In the interest of justice, it would be appropriate to transfer the case from Haridwar to Delhi.
