Criminal Misc. No.M-44947 of 2007 -1- **** IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No.M-44947 of 2007 Date of decision : 10.11.2009 V.K.Sharma and another ....Petitioners Versus State of Punjab and others ....Respondent **** CORAM : HON'BLE MR. JUSTICE S. D. ANAND Present: Mr. Saurav Garg, Advocate for the petitioners. Mr. B.B.S.Teji, Assistant Advocate General, Punjab Mr. Tribhuwan Singla, Advocate for Mr. Rajesh Punj, Advocate for respondents No.2 and 3. S. D. ANAND, J. The petitioners apprehend danger to their safety if they have to attend the case FIR No. 158 dated 4.11.2005 under Sections 406 & 420 IPC, Police Station, Sahnewal, District Ludhiana, pending against them in a Court at Ludhiana. The averment, in the course of the petition, is that on one particular date of hearing i.e.23.8.2007, the petitioners were sitting in the chamber of their Advocate when they found respondent no.3 roaming in the company of 3-4 persons. They intimated that fact to their counsel who escorted them to the Court and got their presence noted. While appearing in the Court, the “petitioners also informed to the Magistrate that they are apprehending foul play” The further averment, in the context, is that the Court told them that they should arrive at a compromise. This is the only premise on the basis whereof transfer of the matter is sought. The petitioner did not document their grievance in a Criminal Misc. No.M-44947 of 2007 -2- **** presentation to the Court. If they apprehended foul play, they ought to have given their apprehension in writing to the learned Trial Court. The mere averment that they verbally brought facts to the notice to the Magistrate is neither here nor there. The fact that they had given an application to the executive authority is not sufficient to divest the Court at Ludhiana having jurisdiction to try the case. There is no ground for transfer of the case. The petition shall stand dismissed accordingly. November 10, 2009 (S. D. ANAND) Pka JUDGE