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2000 DIGILAW 423 (PNJ)

Gurdev Singh v. State Of Punjab

2000-04-20

K.S.KUMARAN

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Judgment K.S.Kumaran, J. 1. The petitioner have approached this Court under Section 407 read with Section Cr.P.C. 482 for transfering the case arising from F.I.R. No. 73 dated 12.7.1998 under Sections 406/498-A/I.P.C. at Police Station `B Division, Amritsar pending before the Judicial Magistrate 1st Class, Amritsar to another Court of competent jurisdiction at Chandigarh or in any place in Haryana. 2. The complaint against the petitioners was lodged by Mandeep Kaur on the basis of which F.I.R. in question has been registered under Sections 406/498-A I.P.C. The case is now pending before the Judicial Magistrate 1st Class, Amritsar. The contention of the petitioners is that the petitioners have been granted bail in anticipation of arrest by this Court. The petitioners also claim that the complainant has filed a petition against 1st petitioner (who is her husband) under Section 125 Cr.P.C. which was fixed on 2.8.1999. According to the petitioners, since they had to appear before the Magistrate in the criminal case and also furnish the bail bonds, and since the case under Section 125 Cr.P.C. was also fixed on 2.8.1999, the petitioners were going to Amritsar, but on 2.8.1999, the vehicle of the petitioners was stopped a little ahead of the Beas Town by Avtar Singh, the father of the complainant, Hari Singh, brother of the complainant and others who were armed with fire arms. The petitioners claim that they were threatened with death in case they entered Amritsar. According to the petitioners a report was given by the 1st petitioner-Gurdev Singh at Police Station, Beas on the basis of which D.D.R. No. 30 dated 2.8.1999 has been registered. The petitioners also claim that the father of the complainant is a notorious person against whom F.I.R. No. 130 dated 2.4.1983 had been registered under Sections 302/34 I.P.C. and sections 25/54/59 of the Arms Act at Police Station `B Division, Amritsar, and also F.I.R. No. 59 dated 23.6.1996 under Sections 307, 324, 148, 149 I.P.C. read with sections 25/27/54/59 of the Arms Act at Police Station `B Division, Amritsar. Therefore, the petitioner seek transfer of the case arising from F.I.R. No. 73 dated 12.7.1998 referred to above from the Court of Judicial Magistrate 1st Class, Amritsar to a Court at Chandigarh or in the State of Haryana. Therefore, the petitioner seek transfer of the case arising from F.I.R. No. 73 dated 12.7.1998 referred to above from the Court of Judicial Magistrate 1st Class, Amritsar to a Court at Chandigarh or in the State of Haryana. The petitioners also claim that subsequently on 23.8.1999, when the case was fixed before the Court, father of the complainant and 25 persons armed with fire arms were present in the Court Complex, and the petitioners could put in appearance before the Court only with the help of the police officials. 3. Notice of this application was issued to the Advocate General, Punjab and also to the complainant. The State has not filed any reply. But reply has been filed by the complainant opposing this application. The complainant has admitted about the cases mentioned in paras 16(a) and 16(b) of the petition, i.e. cases under Section 302 etc. of the I.P.C. and section 307 etc. of the I.P.C. registered against the father of the complainant, but has only stated that those cases have been compromised between the parties. The complainant has however denied that her father is involved in a number of criminal cases. According to the complainant, a false report has been made to create evidence, and that the allegation that the vehicle of the petitioners was stopped on 2.8.1999 by the complainant and others at Beas Town, is false. 4. I have heard the counsel for both the sides and perused the records on file. 5. Of course, the earlier application filed by the petitioners for transfer of the case from Amritsar was dismissed by this Court on 20.5.1999 stating that there were no grounds for transfer, but now, the petitioner has produced annexure P-2, the copy of the D.D.R. lodged at Police Station, Beas, wherein the petitioners have reported about the father of the complainant and others stopping the petitioners on 2.8.1999 and threatening them with death, if they enter Amritsar. The petitioners had, also given a telegram to the Honble Chief Justice of this Court. It is also admitted by the complainant that two cases had been registered against her father, one under Section 302 etc. of the I.P.C. and the other under Section 307 etc. of the I.P.C. apart from certain sections of the Arms Act, though the former in the year 1983 and the latter in the year 1996. It is also admitted by the complainant that two cases had been registered against her father, one under Section 302 etc. of the I.P.C. and the other under Section 307 etc. of the I.P.C. apart from certain sections of the Arms Act, though the former in the year 1983 and the latter in the year 1996. But the complainant contends that those cases were compromised. The petitioners say that father of the complainant is a notorious person and that he threatened the petitioners and other on 2.8.1999, that the petitioners and others will be killed if they entered Amritsar. The allegation is that the father of the complainant and others were also armed at that time. The petitioners also contend that on 23.8.1999 also, father of the complainant and others arming themselves with fire arms were present in Court. 6. In these circumstances, I am of the view that the case, arising from the F.I.R. No. 73 dated 12.7.1998 under Sections 406 and 498-A/I.P.C., should be transferred from the file of the Judicial Magistrate 1st Class Amritsar to a Judicial Magistrate having the 1st Class power at Jalandhar. By doing so, the complainant also will not be put to much of inconvenience. 7. Accordingly, the case arising from FIR No. 73 dated 12.7.1998 registered under Sections 406, 498-A/IPC at Police Station `B Division, Amritsar pending before the Judicial Magistrate 1st Class, Amritsar is ordered to be transferred to Court of a Magistrate of the 1st Class at Jalandhar. The Sessions Judge, Jalandhar will pass appropriate orders for placing the concerned file before a Judicial Magistrate of 1st Class at Jalandhar and communicate the same to the concerned Judicial Magistrate 1st Class. Amritsar, before whom the case in question is now pending, who shall not only forward the file concerned, but also direct the parties to appear before the concerned transferee Court. 8. This petition is ordered accordingly. Registry to forward copies of this order to the Sessions Judge, Jalandhar and the concerned J.M.I.C. Amritsar, before whom the case is now pending. Order accordingly.