1 S.B. CR. MISC. PETITION NO.449/2010 Iqubal Singh Vs. State of Rajasthan & Anr. Date of order : 24th September, 2010 PRESENT HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Dr. Sachin Acharya for the applicant. Mr. Anil Joshi, Public Prosecutor. ---------- This misc. petition has been filed by the petitioner challenging the order dated 22nd January, 2010 passed by learned Sessions Judge, Sri Ganganagar upon an application filed by the petitioner under Section 408 of Cr.P.C. to transfer the criminal case No.133/1994 from the Court of Additional Chief Judicial Magistrate, Suratgarh to any other Court. In the application, the main contention raised by the petitioner was that the complainant of the case is an influential person being an Ex-MLA so also a practicing lawyer of Suratgarh and having high influence, therefore, there are all chances that the trial of the petitioner will not get fair trial and, therefore, the case may be transferred at any other place. The learned Sessions Judge after considering the arguments rejected the application filed by the petitioner vide order dated 22nd January, 2010 which is under challenge in this petition. In this petition filed under Section 482 Cr.P.C. it is submitted that petitioner is seeking transfer of the case from Suratgarh on two grounds. First, that no lawyer is ready to provide him legal assistance at Suratgarh because the 2 complainant of this case is an Ex-MLA and second, that complainant of this case is practicing lawyer and highly influential person, therefore, there are all possibilities that he will affect the trial also. According to the petitioner's counsel, learned trial court has committed an error while dismissing the said application under Section 408 Cr.P.C. without considering the above grounds in right prospects. The learned counsel for the petitioner further invited attention of the Court towards judgment of the Hon'ble Apex Court reported in (2007) 3 SCC page 62 - Satish Jaggi Vs. State of Chhattisgarh & Ors. and prayed that the case may be transferred in any other Court outside Suratgarh. I have considered the submissions made by the learned counsel for the petitioner so also perused the judgment cited by him. It is true that there is provision in the Cr.P.C. to transfer the case from one Court to another Court, if any cogent evidence is available. First of all, the grounds taken in this petition clearly speak that there is no evidence on record to show the allegation which has been levelled by the petitioner that due to influence of the complainant no lawyer is ready to give him legal assistance. Secondly, no specific allegation against any Presiding Officer has been levelled that he will not conduct fair trial. It is only apprehension of the petitioner that due to influence of the complainant there is possibility that no fair trial will be conducted by the trial court. Learned counsel for the petitioner submitted that petitioner has engaged lawyer, from outside Suratgarh, therefore, he is facing financial loss also. 3 In my opinion, when there is no specific allegation or any evidence on record to show that the petitioner will not get fair trial from the trial court and lawyers are not providing legal assistance, it is not proper to transfer the case as desired by the petitioner. The facts of judgment cited by the learned counsel for the petitioner are altogether different and are not similar to the facts of the present case. In this view of the matter, in my opinion, the learned Sessions Judge has not committed any error while dismissing the application of the petitioner filed under Section 408 Cr.P.C. Hence, this misc. petition is dismissed. (GOPAL KRISHAN VYAS), J. babulal