IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc M- 10744 of 2009 Date of decision: 22.4.2009 Shamsher Singh …Petitioner Versus State of Punjab …Respondent Present: Mr Yogesh Goel, Advocate for the petitioner. S.S.SARON, J. Notice of motion to AG Punjab. On the asking of the Court, Mr Sudhir Nehra, Addl AG Punjab accepts notice. This petition has been filed under Section 407 CrPC for transfer of the case FIR 157 dated 27.7.2006 for the offences under Sections 302, 307, 326, 324, 452/323 IPC registered at PS Sidhwan Bet, District Ludhiana, pending in the Court of Sh Munish Singhal, Additional Sessions Judge, Ludhiana to any other Court. Heard counsel for the parties. The trial of the aforesaid case was earlier pending before Sh PS Dhanoa, learned Additional Sessions Judge, Ludhiana. The said PO has retired from service and the case was listed for hearing before Sh Munish Singhal, learned Additional Sessions Judge, Ludhiana. The petitioner is an accused in the case and is represented by his Advocate – Sh SK Singla, Advocate who is an Uncle of the PO. Therefore, counsel for the petitioner Cr Misc M-10744 of 2009 2 requested for transfer of the case. The learned PO made a reference to the learned Sessions Judge for transfer of the case which has been declined by order dated 5.2.2009 (P1) by holding that the Sessions Judge is not competent to transfer the case. Keeping in view the aforesaid facts and circumstances, since the accused is represented by an advocate who is related to the PO and he himself has sought for transfer of the case for which a reference was made by the PO, it would be just and expedient that the case is transferred from the said Court. Accordingly, the trial of the case titled State v. Shamsher Singh is withdrawn from the Court of Sh Munish Singhal, learned Additional Sessions Judge, Ludhiana and transferred to the Court of learned Sessions Judge Ludhiana who may either himself try the case or assign it to the Court of some Additional Sessions Judge, Ludhiana. This petition stands disposed of. 22.4.2009 ( S.S.SARON ) ASR Judge