Crl. Misc. No. M-4940 of 2009 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -.- Crl. Misc. No. M-4940 of 2009 (O&M) Date of decision:- 7.2.2011 Nirmal Kaur ... Petitioner Versus State of Punjab & Anr. ... Respondents CORAM:- HON'BLE MR. JUSTICE GURDEV SINGH Present:- Mr. P.S.Mann, Advocate, for the petitioner. Mr. P.S.Bajwa, DAG, Punjab. Mr. N.S.Sodhi, Advocate, for the complainant. Gurdev Singh, J (oral) This petition under Section 407 of the Code of Criminal Procedure has been filed by Nirmal Kaur- petitioner for the transfer of case titled as State versus Jasbir Kaur from the court of JMIC Gurdaspur to a competent court of jurisdiction at Jalandhar. She has contended therein that on 4.3.2004 a complaint was filed by Niranjan Singh, father-in-law of her son against her and her other family members in which the enquiry was conducted by Jasbir Kaur SI- respondent No.2, who fabricated and forged the enquiry report and recommended the registration of the FIR against her and her other family members and accordingly FIR No. 113 dated 11.6.2004 was registered under Section 498-A IPC. Aggrieved by that illegal conduct of the said respondent she approached Punjab State Human Rights Commission and also filed a complaint to the ADGP. The Commission Crl. Misc. No. M-4940 of 2009 (O&M) -2- marked enquiry to ADGP(Crime), who further marked the same to Sh. Nilabh Kishore IPS, SP, Special Staff, Crime, who recommend the taking of suitable action against respondent No.2 for fabricating false report and cancellation of the FIR and also for initiation of departmental proceedings against that respondent. After those recommendations were made, FIR No.49 dated 6.4.2006 was registered in Police Station City Gurdaspur, under Sections 278/465/466/471 IPC. The police failed to present the challan in that FIR and accordingly Crl. Misc. No. 8584 M of 2007 was filed for directing the police authorities to file the challan. It was only after the direction was given by this Court that the challan was presented before the Judicial Magistrate Ist Class on 14.5.2007. She is medically disabled lady and is unable to appear as witness in the Court Gurdaspur. Her son is bound to accompany her to that place. On 19.11.2008, she went to Gurdaspur with her son, to appear as witness, where they were followed by two/three persons who created terror in her mind. She has the apprehension that respondent No.2 is sending such type of persons. Earlier also she and her family members were involved in false cases by the police authorities of the District of Gurdaspur. The Human Rights Commission has already recommended the cancellation of the FIR against her and her family members. She is apprehending not only danger to her life and lives of her family members but also apprehending the danger of involving her and other family members in false cases at the hands of respondent No.2 and police authorities of the District of Gurdaspur, in case she went to the Court at Gurdaspur to appear as a witness. Earlier respondent No.2 had sent her persons to brow-beat her and her son and also for pressurising them to enter Crl. Misc. No. M-4940 of 2009 (O&M) -3- into a compromise and otherwise she and her family members would have to face dire consequences. In the replies submitted by the respondents, the allegations so made against respondent No.2 are denied, but the fact has been admitted that FIR No.49 dated 6.4.2006 was registered against respondent No.2 for submitting a false report and that the challan was present in that FIR only on the intervention of this Court. I have heard learned counsel for the parties. It has been submitted by learned counsel for the petitioner that respondent No.2 being SI in the police has misused her official position and falsely involved her and her family members in the cases, which were found to be false by the Human Rights Commission. It was on the false report submitted by that respondent that FIR under Section 498-A IPC was registered against her and her family members. There is every apprehension that the petitioner will be involved in other false cases in case she goes to Gurdaspur to appear as a witness in the case which is registered against respondent No.2. On the other hand, it has been submitted by learned counsel for the respondents that the apprehension of the petitioner is without any basis and in case she is not feeling safe to appear in the Court at Gurdaspur as a witness, the police authorities are ready to provide her necessary police protection. From the contents of the present petition, it can be made out that the apprehension of the petitioner is well founded as respondent No.2 is all and all way out to take revenge from the petitioner. It was on the basis of Crl. Misc. No. M-4940 of 2009 (O&M) -4- the false report submitted by her that the FIR which was registered against the petitioner and her family members. After it was found that the report was false and recommendations were made by the police officer of the rank of S.P, the FIR was registered against respondent No.2. Police authorities have been helping respondent No.2 in that FIR as they failed to present challan in the Court and it was on the intervention of this Court that the challan was presented. It is expeditious in the interest of justice in case the case is transferred from the Court of Chief Judicial Magistrate, Gurdaspur, to some Court at Jalandhar. This Court cannot make the petitioner to further suffer at the hand of respondent No.2 and the police authorities, who are out and out to help that respondent. Accordingly, the case titled "State versus Jasbir Kaur", pending in the Court of Chief Judicial Magistrate, Gurdaspur, is withdrawn from the file of that Court and is transferred to the Court of Additional Chief Judicial Magistrate, Jalandhar, for deciding the same in accordance with law. The parties are to appear in the Court on 15.3.2011. February 7, 2011 (Gurdev Singh) tripti Judge