Crl.M.No. M-36935/2009 In the High Court of Punjab and Haryana at Chandigarh Crl.M.No. M-36935/2009 Date of decision: 30.11.2010. Shiv Dutt ....................Petitioner. v. Pardeep Kumar .....................Respondent. Coram: Hon'ble Mr.Justice Jaswant Singh. Present:- None for the petitioner Mr. Pardeep Kumar, respondent in person. Jaswant Singh,J.(Oral). Prayer in this petition under Section 482 Cr.P.C., is for setting aside the order dated 18.11.2009 passed by learned Sessions Judge, Narnaul in T.A.No.89/2009 vide which he transferred the application u/s 340 Cr.P.C. filed in Criminal Complaint No.98 dated 11.6.2002 titled Pardeep Kumar Vs. Shiv Dutt etc. from the Court of Judicial Magistrate Ist Class, Mohindergarh to the Court of Judicial Magistrate Ist Class, Narnual. Respondent-Pardeep Kumar, who is appearing in person submits that at his instance three cases were filed against Shiv Dutt, which were got transferred from the Court of Judicial Magistrate Ist Class, Mohindergarh to the Court of Judicial Magistrate Ist Class, Narnal on the identical ground that he apprehended danger from the hands of petitioner Shiv Dutt at Mohindergarh since on earlier occasion Crl.M.No. M-36935/2009 he was assaulted by Shiv Dutt and his brother and also abducted and remained hospitalised for 22 days. He further submits that one of the case i.e. Criminal Complaint No.97 dated 11.6.2002 transferred at Narnaul in which similar Criminal Misc. Petition No.M-36932 of 2009 was filed against the order transferring the same at Narnaul is dismissed as infructuous in view of the Court at Narnaul having dismissed the complaint filed by the respondent and acquitted the petitioner-accused. He further submits that with regard to the transfer of a suit titled as Pardeep Kumar Vs. Basant Lal and others vide order of same date i.e. 18.11.2009, petitioner filed a Civil Revision No.7782 of 2009 before this Court. The said revision has since been dismissed on 17.5.2010 upholding the identical ground of transfer recorded in the present case. In view of the aforesaid facts, the prayer made is for dismissal of the present petition as well. I find merit in the submission. It cannot be disputed that in Civil Revision No.7782 of 2009, the following order was passed by this Court:- “Challenge is to the order dated November 18th 2009 (Annexure P-1) passed by District Judge, Narnaul, whereby he transferred suit titled Pardeep Kumar Vs. Basant Lal and others from Mohindergarh to Narnaul on the application filed by Pardeep Kumar-plaintiff-respondent on the short ground that on September 19th, 2000 when he appeared in the Court at Mohindergarh, he was assaulted by Shiv Dutt Crl.M.No. M-36935/2009 and his brother Basant Lal. Pardeep Kumar was also abducted. He remained hospitalised. He apprehends danger from the petitioners at Mohindergarh. The grounds on which the suit was transferred were convincing, therefore, no interference is called for.” It is also matter of record that Court at Narnaul has already dismissed the complaint No.97 dated 11.6.2002 filed by the respondent-complainant. In view of the above, the apprehension raised by the petitioners are misplaced. I find no ground to interfere while exercising the powers under Section 482 Cr.P.C. Accordingly, the Criminal Misc. Petition is dismissed. 30.11.2010 (Jaswant Singh) Pka Judge