TA No.486 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA No.486 of 2010 Date of decision:10.1.2011 Makhan Singh ...Applicant Versus Gurtar Singh ...Respondent CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: Mr.A.S.Cheema, Advocate for the applicant. Mr. Rajbir Singh, Advocate, for the respondent. JITENDRA CHAUHAN, J. (Oral) This is an application filed under Section 24 of the Code of Criminal Procedure for setting aside the impugned order dated 7.8.2010 passed by the learned District Judge, Mansa and for transferring the civil suit titled as `Gurtar Singh Vs. Makhan Singh, from the Court of Additional Civil Judge (Senior Division), Budhlada to the Court of competent jurisdiction at Mansa. Learned counsel for the applicant submits that the applicant was earlier abducted and an FIR No.54 dated 13.5.2002 under Sections 384/385/506/342/323/148/149/467/471/120-B IPC was registered, in which Gurdev Singh etc. were convicted by the Court of Judicial Magistrate Mansa vide judgment dated 26.3.2009. He further submits that during the illegal detention of applicant, blank papers were got TA No.486 of 2010 2 signed by the accused, which are now being used in the present litigation. It has further been submitted that the applicant is having an apprehension to his life and liberty if the civil suit titled as `Gurtar Singh Vs. Makhan Singh is not transferred from the Court of Additional Civil Judge (Senior Division), Budhlada to the Court of competent jurisdiction at Mansa as the respondent is a close relative of Gurdev Singh, who is accused in the said FIR. On the other hand, learned counsel for the respondent submits that the respondent is not connected in any manner with the said FIR. The respondent is being harassed only on the ground that he is son-in-law of Gurdev Singh one of the accused in the said FIR. He has further pointed out that the applicant himself has filed criminal complaint against the respondent at Budhlada. The transfer application has been moved in that case also by the applicant. I have heard the learned counsel for the parties. Except that the respondent is related to one Gurdev Singh arrayed as accused in said FIR, the applicant has failed to bring any document on record to suggest that the life and liberty of the applicant is endangered at the hands of the respondent. The respondent has specifically stated that he has no concern with Mohinder Singh etc. There is nothing on record on the basis of which it can be said that the respondent was party to the earlier litigation. In view of the above, no ground is made out for transferring TA No.486 of 2010 3 the civil suite titled as `Gurtar Singh Vs. Makhan Singh from the Court of Additional Civil Judge (Senior Division), Budhlada to the Court of competent jurisdiction at Mansa. Accordingly, the present application is dismissed. 10.1.2011 (JITENDRA CHAUHAN) mk JUDGE Note: Whether to be referred to the Reporter? Yes / No