High Court of Punjab and Haryana, Chandigarh
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Nachattar Singh & Ors v. State of Punjab - CRM-16685-2006  RD-P&H 4021 (12 July 2006)
Nachattar Singh & Ors vs State of Punjab Present : Mr. A.P.S.Deol, Advocate,
for the petitioners.
Mr.B.S.Baath, AAG, Punjab.
Prayer in this petition is for transfer of case pending before the Court of Chief Judicial Magistrate, Mansa in FIR No.64 dated 12.3.2004 registered under Sections 382/506/323/34 of the Indian Penal Code at Police Station City, Mansa, to the Sessions Division, Bathinda.
Counsel for the petitioners contends that in view of the serious rivalry between the petitioners and other members of the truck union, the petitioners have had to shift their residence from Mansa to Patiala. They are unable to enter Mansa for fear of the complainant and other members of the truck union. It is further contended that in this view of the matter, the petitioners are being seriously prejudiced, in their defence during the trial.
It is contended that in two other cases, this Court has already transferred the trial against petitioner no.1 from Mansa to Bathinda.
Counsel for the State of Punjab, on the other hand contends that apprehensions of the petitioners are fanciful. The petitioners have never made any complaint to the police authorities, as regards any harassment and therefore, their contention that they are not permitted to enter Mansa is incorrect. It is, however, contended that in case this Court decides to transfer this case, the State would have no objection.
I have heard learned counsel for the parties and perused the record.
The petitioners apprehensions, though apparently exaggerated Crl.Misc.No.16685 of 2006 : 2 :
do, from the fact that the petitioners had to shift their residence from Mansa to Patiala, as also that other trials, pending against the petitioners at Mansa have already been transferred pursuant to orders dated 2.3.2006, passed in Crl.Misc.No.24509.M of 2005 and Crl.Misc.No.28026.M of 2005, make out a case for transfer. The petitioners allegations, that in view of strained relations with members of the truck Union, they would not be permitted to defend the charges against them, are prima facie established. An accused is entitled to a just trial, free from an environment of fear and intimidation, by the complainant and/or his supporters.
In view of the aforementioned facts, this petition is allowed and the case, arising out of FIR No.64 dated 12.3.2004, pending before the Court of Chief Judicial Magistrate, Mansa shall stand withdrawn from the aforementioned Court and transferred to the Court of Chief Judicial Magistrate, Bathinda.
The Chief Judicial Magistrate, Mansa shall forthwith transfer the record of the aforementioned case to the Court of Chief Judicial Magistrate, Bathinda.
( RAJIVE BHALLA )
July 17, 2006. JUDGE
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