In the High Court of Punjab and Haryana at Chandigarh ...... Criminal Misc.-M No.4427 of 2009 ..... Date of decision:9.3.2009 Gurjant Singh .....Petitioner v. State of Punjab .....Respondent .... Present: Mr. Raghuvinder Singh, Advocate for the petitioner. ..... S.S. Saron, J. This petition under Section 407 read with Section 482 of the Code of Criminal Procedure (`Cr.P.C.' - for short) has been filed seeking transfer of the case pending before the Judge, Special Court at Moga to some other district. The petitioner, it is stated, is the President of a Cooperative Society, Khai, District Moga (the name of the Cooperative Society has not been mentioned). It is submitted that he has been falsely implicated in case FIR No.75 dated 12.8.2007 registered at Police Station, Nihal Singhwala for the offence under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985. The FIR has been registered to settle vendetta against the petitioner. On the intervening night of 9/10.5.2008, the mother of the petitioner died while the petitioner was lodged in the jail. For the purpose of performing the last rites of his mother the presence of the petitioner was required. Accordingly, the petitioner submitted an application (Annexure-P.1) on 10.5.2008 for directing the Superintendent, Cr. Misc.-M No.4427/2009 [2] District Jail, Faridkot to take him in custody to Village Khai so as to perform the cremation of his mother. The learned Judge, Special Court, Moga vide order dated 10.5.2008 (Annexure-P.2) dismissed the said application. It was observed that the application had been filed at 10.00 a.m. on 10.5.2008. The petitioner was lodged in the District Jail, Faridkot and on such short notice it was not possible to get report regarding the facts stated in the application nor was it possible for the Jail authorities to arrange adequate security for taking him to his village for the cremation of his mother. In the circumstances, as the application has been filed with very short notice, it was not possible to pass any effective order. Accordingly, the application was declined. The petitioner has, therefore, sought transfer of the case on the ground that he would not get full justice from the Court of Judge, Special Court at Moga. After hearing learned counsel for the petitioner and perusing the record, it may be noticed that the validity of the order dated 10.5.2008 (Annexure-P.2) is not under challenge. The order dated 10.5.2008 (Annexure-P.2) was just and the validity of the order is not to be gone into. However, merely because the learned Judge, Special Court at Moga has dismissed the application whereby the petitioner could not perform the cremation of his mother is not such a circumstance which would warrant the transfer of the case from the said Court. It cannot be taken that the learned Judge, Special Court at Moga will not decide the case against the petitioner in fair and impartial manner or that merely she has dismissed the application of the petitioner to attend his mother's funeral would result in any prejudice Cr. Misc.-M No.4427/2009 [3] in her mind. Therefore, the fact that the mother of the petitioner had died is though unfortunate but merely because the application for attending her funeral has been declined by itself is not such a ground to transfer the case. It is needless to submit that the learned Judge, Special Court, Moga would consider and decide the case on the basis of evidence and material as is led before it. In the circumstances, no ground for transfer of the case is made out. The criminal miscellaneous petition is dismissed. March 9, 2009. (S.S. Saron) Judge *hsp*