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2000 DIGILAW 960 (PNJ)

Nauhar Chand v. Shrimati Neelam

2000-08-21

S.S.NIJJAR

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Judgment S.S.Nijjar, J. 1. This is a petition filed under Section 407 read with Section 482 of the Code of Criminal Procedure for transfer of the following cases : (1) Petition under Section 125 Cr. P. C. titled as Neelam Rani v. Lakshmi Narain alias Bittu pending in the court of Shri B.S. Mangat, Additional Chief Judicial Magistrate, Patiala. (2) Criminal case arising from FIR No. 35, dt. 14.3.98 registered under Section 406/498-A 506,354 IPC, Patran under Section 3 and 4 of Dowry Prohibition Act, now pending in the court of Shri B.S. Mangat, Additional Chief Judicial Magistrate, Patiala, titled as State v. Lakshmi Narain. (3) Criminal complaint No. 165, dated 21.7.98 titled as Om Parkash v. Lakshmi Narain alias Bittu and others. 2. The petitioner seeks transfer of these cases from the Criminal Court of District Patiala to any other court of competent jurisdiction, either to a court in the State of Haryana Haryana or to a court in Chandigarh. At the motion stage, this court had passed the following order : "The learned counsel submits that respondent No.2 Om Parkash, who is father of respondent No.1 Neelam Rani, is a very influential and head strong person so much so he even threatened the petitioners in the presence of the court as a result of which the CJM had to call the police for the security of the petitioner. In such circumstances, fair trial of the petitioners at Patiala is not possible. It is also stated by the counsel that his clients are even prepared to pay the lawyers and other litigation expenses of respondent No.1 in case of transfer of the case to some other District other than Patiala. Notice for 5.8.1999." 3 In pursuance the aforesaid order, the petitioner is still prepared to make the by of the expenses incurred the respondents. Counsel for the respondent has payment placed on record the details of the expenses which are as follows :- (a) Counsels fee @ 7700/- per case. Rs. 23,100/- (b) Remaining interim maintenance from 25.5.99 to 24.7.99 @ RS. 400/- P.M. for 14 months. Rs. 5,600/- (c) Expenses for the witnesses/cases## 15 witnesses two case. Rs. 6,000/- Total : Rs. 34,700/-. 4. The maintenance amount of Rs. 5600/ - has been paid in the court today to the father of respondent No.1. Rs. 23,100/- (b) Remaining interim maintenance from 25.5.99 to 24.7.99 @ RS. 400/- P.M. for 14 months. Rs. 5,600/- (c) Expenses for the witnesses/cases## 15 witnesses two case. Rs. 6,000/- Total : Rs. 34,700/-. 4. The maintenance amount of Rs. 5600/ - has been paid in the court today to the father of respondent No.1. With regard to the counsels fee, it is submitted by Shri Barinal that the counsels fee is exorbitant. He, however, does not dispute the expenses of the witnesses and the number of the witnesses. He, however, submits that the expenses for the witnesses shall be paid as and when they are produced in Court. The suggestion made by the learned counsel for the petitioner seems to be fair. 5. I am also of the considered opinion that the counsels fee ought to be reduced to Rs. 15,000/- in all the three cases. 6. Mr. Bansal on instructions from his client who is present in court states that the amount of Rs. 15,000/- with regard to the counsels fee will be paid within seven days from today to the counsel for the respondents by way of a bankers draft. In view of the above, the petition is allowed. The three cases mentioned above are transferred to the court of Chief Judicial Magistrate, Chandigarh and the same disposed of in accordance with law. No costs.