Crl. Misc. No. 6658 of 2011 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -.- Crl. Misc. No. 6658 of 2011 Date of decision:- April 5, 2011 Bhim Sain Gandhi ... Petitioner Versus Ashok Gandhi ... Respondent CORAM:- HON'BLE MR. JUSTICE GURDEV SINGH Present:- Nemo. Gurdev Singh, J (oral) Heard. This reference has been made by Sh. Ajit Pal Singh, Judicial Magistrate, Ist Class, Jalandhar, for the transfer of the criminal case titled “Bhim Sain Ghandi Vs. Ashok Gandhi” from his Court to some other District or other sub division on the ground that the complainant is the President of Bar Association, Jalandhar. Keeping in view the fact that this Presiding Officer continued with the complaint for more then one and a half year before making the reference, he was directed to furnish the record based report about the proceedings which were taken in the complaint by him and the date on which Sh. Ashok Kumar Gandhi was elected as the President of Bar Association, Jalandhar, along with copies of the proceeding orders passed by him. Report and the Copies of the proceedings orders have been submitted and perused. For the first time the complaint was taken up by this Presiding Crl. Misc. No. 6658 of 2011 -2- Officer on 19.4.2010. He continued to adjourn the complaint for recording the preliminary evidence of Bhim Sain Gandhi-complainant till he made the reference. According to him Sh. Ashok Kumar Gandhi was elected as President of District Bar Association, on 9.4.2010. When he continued with that complaint for such a long time, he should have proceeded with the complaint and should not have been influenced by the fact that the accused was President of the Bar Association. Every Judicial Officer is expected to maintain the independence of the judiciary. Instead of making such a reference, he should have proceeded with the complaint in order to maintain the said independence. Reference is declined. April 5, 2011 (Gurdev Singh) tripti Judge