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The Single-Judge Seat of Justice JK Maheshwari held that simple trepidation of danger to life, without housing an objection or proving something very similar, is not an adequate ground to move a case. He held this while arbitrating a criminal exchange request moved by the candidate looking for a move of a criminal grievance recorded against him under Section 420 (cheating) and 506 (criminal intimidation) of the Indian Penal Code.
The solicitor had looked for the move of the objection forthcoming before the Chief Judicial Magistrate, Jammu to the Tis Hazari Court in Delhi on the ground that there existed a danger to his life. While looking for exception from individual appearance, the applicant had depended upon the choice in Puneet Dalmia v. Central Bureau of Investigation, in which the High Court had conceded exclusion from individual appearance to the applicant.
In the beginning, the Court noticed that no objection concerning such misgiving was stopped by the petitioner, and thusly, only based on notice got on the protest, the applicant can't look for the move of the case. "Simple worry of the danger of life is anything but an adequate ground to move a case, without housing a protest or proving the said ground," the Court noticed. Moreover, the Court was of the assessment that the request passed in Puneet Dalmia doesn't have any significant bearing on the current case. With these perceptions, the Court excused the exchange request.
Tags : #CBI #protest #Delhi #Tis Hazari Court #section 420 #section 506 #cheating #criminal intimidation #IPC #court #order
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