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2000 DIGILAW 1483 (PNJ)

Sham Sunder v. State Of Haryana

2000-12-05

K.S.KUMARAN

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Judgment K.S.Kumaran, J. 1. Petitioners who are the accused in F.I.R. No. 141 dated 22.6.1998 of Police Station Sadar, Tohana registered under Sections 323, 324, 326 and 34 I.P.C. have approached this Court under Section 407 read with Section 482 Cr.P.C. for transfer of the case arising from the above said F.I.R. from the Court of Judicial Magistrate 1st Class, Tohana to some other district like Kurukshetra, Karnal and Ambala. 2. The allegations are that when the petitioners came out of the Court of the Judicial Magistrate Ist Class, Tohana on 23.9.1999, they were threatened by Jagdish, Arjun Dass, Lachhman Dass, Ram Chander, Narender Arjun Dev and Bitu to compromise, and that otherwise, the petitioners will be done to death. The further allegation is that on 30.4.1999 also, the above said persons said that the Ist petitioner is alone and he should be forced to compromise, about which an application has been given to J.M.I.C., Tohana (copy annexure P-3). According to the petitioners, time and again Lachhman Dass and others are forcing the petitioners to compromise and that the application given to the J.M.I.C. has been forwarded to the S.H.O., Police Station City. The petitioners claim that even when they were going to the police station, they were threatened by Lachhman Dass and others. The petitioners also allege that on 2.7.1999, when they went to Court, Lachhman Dass, Arjun Dev and others surrounded them and forced them to compromise by threatening that they will be done to death, about which representation has been given to the S.P., Fatehabad and D.S.P., Tohana (copy annexure P-4). According to the petitioners, their life is in danger and they are facing lot of problems to go to Tohana, a place situated at a distance of 200 kilometres. The petitioners claim that therefore, it is not possible for them to contest the case against them at Tohana, because all these persons who are influential, do not allow the petitioners to appear in the case. The petitioners claim that Lachhman Dass, Arjun Dev and others, being influential persons, have say with the police, and the petitioners apprehend that if they go to Tohana, they may be implicated in a false case. 3. The petitioners claim that Lachhman Dass, Arjun Dev and others, being influential persons, have say with the police, and the petitioners apprehend that if they go to Tohana, they may be implicated in a false case. 3. The State of Haryana (Ist respondent) has filed a reply through the SI/SHO, Police Station, Sadar Tohana wherein it has been alleged that there is no record at Police Station, Sadar Tohana regarding any complaint made by the petitioners about the threat or forcible compromise. It has also been alleged that the petitioners have not made any complaint to Police Station Sadar, Tohana. The Ist respondent has also alleged that no application has been received at Police Station Sadar, Tohana either from the J.M.I.C., Tohana or the S.P. 4. The 2nd respondent-complainant has filed a reply alleging among other things that this petition has been filed simply to delay the proceedings. He has alleged and that since he (Des Raj) was given injuries by the petitioners, and being afraid that he would be killed if he does not compromise, he had left his job with Lachhman Dass on 8.8.1998, and is working with the Model Town Welfare Association. According to the complainant, the dispute between the petitioners and Lachhman Dass has no concern with the present case and no incident as alleged took place on 13.4.1999. He also claims that there is no allegation that any incident as alleged by the petitioners took place at the instance of Des Raj. According to the complainant, the petitioners who are rich and influential landlords, are pressurising him to compromise the matter. 5. Accordingly, the complainant opposes this petition for transfer. 6. I have heard the counsel for both the sides and perused the records on file. 7. The learned counsel for the petitioners contends that there are disputes pending between Lachhman Dass and others on the one hand and the petitioners on the other and in order to force the petitioners to compromise the matter and also to prevent them from appearing before the J.M.I.C., Tohana, they are being threatened by Lachhman Dass and others. The learned counsel for the petitioners contends that complainant-Des Raj is their servant and only at their instance, the complainant has lodged the F.I.R. against the petitioners. 8. The learned counsel for the petitioners contends that complainant-Des Raj is their servant and only at their instance, the complainant has lodged the F.I.R. against the petitioners. 8. But the learned counsel for the complainant contends that the complainant has no concern with Jagdish, Lachhman Dass and others, and though he was in the service of Lachhman Dass and others, he had left their service in view of the injuries caused to him and in view of the threat by the petitioners to compromise. He contends that he has no concern whatsoever with the disputes inter se the petitioners and Lachhman Dass and others. The learned counsel for the complainant also contends that there is no allegation against the complainant that it was at his instance, that Lachhman Dass and others allegedly threatened them. 9. The learned counsel for the State, on the other hand, contends that no complaint whatsoever has been lodged at Police Station Sadar, Tohana and that no application of the petitioners has been forwarded to Police Station Sadar, Tohana either by the J.M.C., Tohana or the S.P. 10. Therefore, taking into consideration all these factors, I am of the view that there are no grounds for transferring the case as prayed for, since there is nothing to show that the complainant is in any way responsible for the alleged threats to the petitioners. Further, it is also seen that no complaint has been received regarding these alleged threats by Police Station Sadar, Tohana Resultantly, this petition is dismissed.