In the High Court of Punjab and Haryana at Chandigarh Crl. Misc. No. M-13049 of 2010 (O&M) Date of Decision: March 03, 2011 Gheesa Ram ---Petitioner versus State of Punjab and others ---Respondents Coram: HONBLE MR. JUSTICE GURDEV SINGH *** Present: Mr.Manoj Makkar, Advocate, for the petitioner Mr. P.S.Bajwa, Deputy Advocate General, Punjab for respondent No. 1 Mr.B.S.Makkar, Advocate, for respondents No. 2 and 3 *** GURDEV SINGH, J. Heard. This petition under Section 407 of the Code of Criminal Procedure has been filed by the petitioner, Gheesa Ram, for the transfer of the case FIR No. 3 dated 14.1.2007 registered under Section 342, 323 read with Section 34 IPC in Police Station Sardulgarh, and cross complaint titled as “ Abhey Ram v. Gheesa Ram” filed under Sections 452, 323, 506 read with Section 34 IPC arising out of the same set of facts, from the Court of Judicial Magistrate, Sardulgarh to some other Court of competent jurisdiction out side the District of Mansa. Crl. Misc. No. M-13049 of 2010 -2- According to the petitioner, respondent No. 2 is an Advocate by profession, who is practicing in the Court at Sardulgarh and District Courts at Mansa, and respondent No. 3 is father of that respondent. The Bar Associations of Sardulgarh and Mansa, had passed separate Resolutions in favour of respondent No. 2, who has tried to exert influence with the help of Bar Association, Sardulgarh, whenever, the case is fixed before the Court, the whole of the Bar Association come to the rescue of that counsel and no local counsel is ready and willing to appear for him. That Bar Association even passed a Resolution for going on indefinite strike for pressuring the police to submit the cancellation report. Whenever he visits the Court complex, he remains under constant threat of life and liberty. Along with the petition, a copy of the Resolution, passed by the Bar Association on 12.5.2009, has been filed. The Bar Association passed the Resolution to the effect that the case so got registered against respondent No. 2 was false and till the cases registered against that Advocate are not returned, the work would remain suspended for indefinite period in the Court Complex. The passing of such Resolution is bound to raise apprehension in the mind of reasonable person that he would not get justice at Sardulgarh. The apprehension of the petitioner that he will not get justice from that Court, is well founded. Fair and impartial trial is not possible in the Court at that place. Accordingly, the case arising out of FIR No. 3 dated 14.1.2007 registered under Section 342, 323 read with Section 34 IPC in Police Station Sardulgarh, and cross complaint titled as “Abhey Ram v. Gheesa Ram” filed under Sections 452, 323, 506 read with Section 34 IPC, pending in the Court of Judicial Magistrate, Sardulgarh, are withdrawn from the file of that Court and are transferred to Addl. Chief Judicial Magistrate, Sirsa, for deciding the Crl. Misc. No. M-13049 of 2010 -3- same in accordance with law. Petition stands disposed of accordingly. Parties are directed to appear before him on 31.3.2011. (GURDEV SINGH) JUDGE March 03, 2011 PARAMJIT