IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc M- 1238 of 2009 Date of decision: 23.3.2009 Rajender Khosla …Petitioner Versus State of Punjab and ors …Respondents Present: Mr Shammi Khan, Advocate for the petitioner. Mr Sudhir Nehra, Addl AG Punjab. Ms GK Mann, Advocate for the accused. S.S.SARON, J. This petition under Section 407 CrPC has been filed seeking transfer of the case mentioned in the head note of the petition pending in the Court of learned Additional Sessions Judge Jalandhar to the Court of competent jurisdiction outside district Jalandhar. Mr Shammi Khan, Advocate for the petitioner has submitted that the petitioner and his daughter are residents of Jalandhar and daughter of the petitioner has been subjected to rape. It is submitted that in Jalandhar town where the incident took place, the petitioner and his daughter apprehend danger and they would not be in a position to depose fearlessly. In response, learned counsel for the State has submitted that the petitioner and his daughter are being provided security as and when required. A patrol team of the Police Control Room has been directed to ensure that the petitioner and his daughter are safe and nobody is allowed to cause harm to them. Moreover, when they have to go to the Courts at Cr Misc M-1238 of 2009 2 Jalandhar or whenever they have to come to Chandigarh to attend this Court, they are being taken under security by the IO. Ms Mann, Advocate appearing for the accused – Indesh Makkar has submitted that the allegations made by the petitioner are absolutely unfounded and the petition is being filed only to delay the trial of the case. In any case, it is submitted that the accused would have no serious objection to the transfer of the petition provided that the trial of the case is expedited. After giving my thoughtful consideration to the matter, it may be noticed that the FIR in the case has been lodged by the father of the prosecutrix i.e. petitioner herein wherein he has alleged that his daughter is studying in St Joseph convent School, Defence Colony in 8th class. On 4.9.2007, it was her birthday and to celebrate the same, she went to President Hotel along with her friends. The birthday party ended at 4 p.m. The friends of his daughter went to their respective houses and his daughter went to drop one of her friends in a rickshaw. After dropping her in Defence Colony the daughter of the complainant made a telephone call that she was reaching Hotel President and the birthday party had ended. She asked the complainant to pick her up. When the complainant reached there, his daughter did not meet him and he searched for her. When she could not be traced, a report was lodged. On 5.9.2007, his daughter reached home at about 10 p.m. The complainant inquired from her about her whereabouts. She told him that she had gone to the house of her maternal aunt. This could not satisfy him. After making her confident, she informed that Indesh Makkar – accused came in his Skoda car who often come to their house to repair the computer. He enticed the daughter of the complainant and took her in his Skoda car by saying that he will drop her at her Cr Misc M-1238 of 2009 3 residence. He then took her to his friend – Aman Bhalla’s office. The daughter of the complainant informed that Aman Bhalla tempted her to give appointment in his office and to send her to foreign country but the offer was refused by her. In short, the daughter of the complainant was raped and the accused had committed the rape. The trial in the case is going on and there is apprehension in the mind of the complainant-petitioner and his daughter that they would not be in a position to depose fearlessly at Jalandhar. It is stated by learned counsel for the petitioner that there is nothing against the Presiding Officer of the case. Keeping in view the aforesaid facts and circumstances of the case and in the peculiar facts and circumstances where a 14-years old girl has been subjected to rape and it is the stand of the father of the girl as also the girl who is the victim that they can not depose fearlessly, it would be just and expedient to transfer the case outside Jalandhar town. Nawanshahr is within the jurisdiction of Jalandhar and is not very far off. A Court of Additional Sessions Judge is functioning at Nawanshahr. In the circumstances, the proceedings of the case are withdrawn from the Court of Additional Sessions Judge Jalandhar and transferred to the Court of Additional Sessions Judge, Nawanshahr. The case before the Additional Sessions Judge Jalandhar is fixed for 4.4.2009. The parties shall appear before the transferee Court at Nawanshahr on 4.4.2009. The proceedings shall continue from the stage at which they are at present. 23.3.2009 ( S.S.SARON ) ASR Judge