IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA Cr. M M O No.39 of 2008 Date of decision: 7th July,2008 Chaman Lal Petitioner Versus State of H.P.& others Respondents Coram: The Hon’ble Mr.Justice Surinder Singh, J. Whether approved for reporting ?1 No. For the petitioner: Mr. Ajay Chandel, Advocate. For respondent No.1: Mr. J. S. Guleria, Law Officer. Surinder Singh, J. (Oral) The petitioner, herein is facing trial under section 498-A, 506 read with Section 34 IPC in FIR No.259/06 in the court of Judicial Magistrate Ist Class Nurpur, District Kangra, which is now fixed for 19.8.2008. He moved an application before C.J.M Kangra at Dharamshala, for withdrawing his case from the court of JMIC Nurpur and to make it over to any other court at Dharamshala on the grounds: a) complainant party is head strong and politically influence; b) they are financially sound and has muscle power; c) the relation of the complainant an advocate d) Petitioner apprehends danger to his life and there is no hope for fair trial. 1 Whether the reporters of Local Papers may be allowed to see the judgment ? yes. 2 The learned C.J.M. dismissed his application on the ground that the complainant is a daughter of retired S.D.O. residing 25 kms away from Nurpur where the court is situated and it has the Sub Divisional Police administration, and the allegations aforesaid are unfounded. The Petitioner filed the revision petition, against the orders of Chief Judicial Magistrate, which was dismissed byAdditional Sessions Judge, taking note of all these facts. Now the present petition has been filed to seek indulgence of this court. Heard. The allegation on the basis of which the petitioner seeks transfer of the case is very vague. Both the courts below have considered and rightly dismissed the application based upon such allegations. It cannot be even remotely inferred that the petitioner would not be able to get a fair trial at Nurpur. The prayer of the petitioner made in this petition appears to be unreasonable and without any substance, therefore, in these circumstances, the orders passed by the court below cannot be interfered into. Accordingly, the petition is dismissed. July 7, 2008 (Surinder Singh),J. (D) 3