Cr.Misc. M 14037 of 2010 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYNA AT CHANDIGARH. Cr.Misc. M 14037 of 2010 Date of decision: 13.5.2010 Gurdeep Singh and another Petitioner vs. State of Punjab and another Respondent Present: Mr. RK Sharma, Advocate. M.M.S.BEDI,J. After hearing learned counsel for the petitioner, I am satisfied that petitioner No.1 is suffering from some ailment; mother of petitioner No.1 has already been exempted from personal appearance; brother of petitioner No.1 has died during pendency of the criminal proceedings; another sister of petitioner No.1 has also died during pendency of the trial; the criminal case registered in the year 1998 has not finally be concluded though a period of about 12 years has elapsed. It has been informed that only one witness has been examined. It is apparent that the trial is being protracted by abusing the process of law either by moving misc. application to direct petitioner No.1 to surrender his passport or to produce his passport, whereas there is no such condition imposed in the bail order of petitioner No.1. In view of the delaying tactics, adopted by the complainant through prosecution agency, an apprehension has arisen in the mind of the petitioners that they might not get justice from the court where the matter is pending. It appears that the efficient and impartial judicial officer, on account of heavy burden of work, has not been able to appreciate the steps Cr.Misc. M 14037 of 2010 2 of the complainant or the prosecution agency to defeat the rights of the petitioners for expeditious disposal of the trial. The apprehension of the petitioners that they might not get justice from the court where the matter is pending, seems to be misconceived. In view of the above, I do not find any ground to transfer the case from the court of Sh. Karan Garg, Judicial Magistrate Ist class, Ludhiana to Mohali or to any other court of competent jurisdiction. However, in the interest of justice, a direction is issued to the said court to expeditiously dispose of the trial within a period of six months keeping in view the fact that the matter is lingering on since the year 1998. Expecting all fairness from the judicial officer, this petition for transfer stands disposed of. May 13 ,2010 ( M.M.S.BEDI ) TSM JUDGE