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SUKHDEV SINGH versus CHAMKAUR SINGH & ORS

High Court of Punjab and Haryana, Chandigarh

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SUKHDEV SINGH v. CHAMKAUR SINGH & Ors - CRM-6556-2006 [2006] RD-P&H 298 (23 January 2006)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

CRL. MISC. NO. 6556-M OF 2006

DATE OF DECISION: 14.2.2006

SUKHDEV SINGH

...PETITIONER

VERSUS

CHAMKAUR SINGH AND OTHERS

...RESPONDENTS

CORAM:- HON'BLE MR JUSTICE ADARSH KUMAR GOEL
PRESENT: Mr Rahul Sharma, Advocate,

for the petitioner.

-----

ORDER:

Heard.

Grievance of the petitioner is that complaint case filed by him be transferred from one court of Moga to some other court, as he is unable to get an Advocate and counsel for the other side is an ex-Judicial Officer.

Learned District and Sessions Judge after considering the application did not find any merit therein.

After hearing counsel for the petitioner, I am of the view that apprehension of the petitioner is without any basis and cannot be accepted as a ground for transfer. However, it is made clear that if the petitioner is unable to get an Advocate, he will be at liberty to move the District Legal Services Authority, which will deal with the application on merits in accordance with law.

It is next submitted that a sum of Rs.2000/- has been imposed as costs on the petitioner while dismissing the application for transfer.

Without expressing any opinion on justification or otherwise of the said order, having regard to all the facts and circumstances, it will be appropriate that this part of the order imposing costs on the petitioner is deleted. Ordered accordingly.

The petition is disposed of.

February 14, 2006 ( ADARSH KUMAR GOEL )

sanjeev JUDGE


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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