Crl. Misc. No. M-836 of 2011(O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -.- Crl. Misc. No. M-836 of 2011(O&M) Date of decision:- 8.3.2011 Harbans Lal ... Petitioner Versus Dr. Tarsem Jindal & Anr. ... Respondents CORAM:- HON'BLE MR. JUSTICE GURDEV SINGH Present:- Mr. Satish Goel, Advocate, for the petitioner. Mr. P.S.Dhaliwal, Advocate, for respondent No.1. Mr. Shekhar Mudgal, A.A.G., Haryana. Gurdev Singh, J (oral) Heard. Reply filed by respondent No.1 and has been taken on the record. The petitioner – Harbans Lal, who has been arrayed as an accused in the complaint filed against him by Dr. Tarsem Lal Jindal, under Sections 199 and 420 IPC, has filed this petition under Section 407 of the Code of Criminal Procedure for the transfer of that complaint, complaint No.103/2 dated 4.2.2003/9.4.2010 filed under Section 138 of the Negotiable Instruments Act by respondent No.1 and criminal case arising out of FIR No. 261 dated 1.4.2003 registered under Sections 420/506 IPC, in Police Station Sector 5, Panchkula, titled “State versus Tarsem Lal Jindal and another”, from the Courts at Panchkula to some other Court of competent jurisdiction outside the State of Haryana. Crl. Misc. No. M-836 of 2011(O&M) -2- The grounds on which the prayer for the transfer has been made are detailed in the petition itself. The first complaint is pending in the Court of Ms. Raj Gupta, Additional Chief Judicial Magistrate, Panchkula and other cases are pending in the Court of Ms. Renu Rana, Judicial Magistrate, Ist Class, Panchkula. The grouse of the petitioner is well founded. In the said complaint bailable warrants had been issued against him which were converted into non-bailable warrants by the Additional Chief Judicial Magistrate and on coming to know that a mistake had been committed, instead of non-bailable warrants, bailable warrants were issued for 31.7.2010 vide order dated 5.4.2010 (Annexure P/2). In spite of that order this very Additional Chief Judicial Magistrate on 19.5.2010 issued non-bailable warrants against the petitioner on the ground that he was present in the Court compound in other case filed against him under Section 138 of the Negotiable Instruments Act, in the Court of Ms. Renu Rana, Judicial Magistrate, Ist Class. The petitioner was arrested on that very day and was produced before Ms. Renu Bala, JMIC while she was Duty Magistrate, and she sent him to jail while passing an order for judicial custody. These facts speak of volume as to how these two Magistrate had been acting and the petitioner who was accused of bailable offence and was entitled to the bail as of right after his arrest in pursuance of the warrant of arrest, though wrongly issued, was sent to the jail. It is also the submission of the counsel for the petitioner that complaints on the administrative side have already been filed against the Magistrates. How he can expect justice from these Magistrates and from the other Magistrates who are presently Crl. Misc. No. M-836 of 2011(O&M) -3- posted at Panchkula. The fair and partial trials before the Courts of Panchkula are not possible. Accordingly, complainant No.103 dated 4.2.2003/9.4.2010 under Section 138 of the Negot iable Instruments Act, titled Dr. Tarsem Jindal Vs. Harbans Lal and the criminal case No. 33/1, dated 11.6.2003/9.8.2010 titled State versus Tarsem Lal Jindal and another, arising out of FIR No.261 dated 1.4.2003, registered under Section 420/506 IPC, in Police Station Sector 5, Panchkula, are withdrawn from the file of Ms. Renu Rana, Judicial Magistrate, Ist Class and complaint No.333, dated 16.8.2005 titled Dr. Tarsem Jindal versus Harbans Lal filed under Sections 199 and 420 IPC is withdrawn from the file of Ms. Raj Gupta, Additional Chief Judicial Magistrate, Panchkula and are transferred to Chief Judicial Magistrate, Chandigarh, for deciding the same in accordance with law. The parties are directed to appear before him/her on 28.3.2011. The petition is disposed of accordingly. March 8, 2011 (Gurdev Singh) tripti Judge