IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. M-32706 of 2011(O&M) Date of Decision : November 03, 2011 Ami Chand ....Petitioner Versus Dharam Singh and others .....Respondents CORAM : HON'BLE MR. JUSTICE T.P.S. MANN Present : Mr. Navkesh Singh, Advocate for the petitioner. T.P.S. MANN, J. Prayer has been made for transfer of the complaint filed by the petitioner against the accused-respondents for the offences under Sections 323, 506, 447, 392, 397, 148, 147 and 452 IPC from the Court of Ms. Harleen A. Sharma, Judicial Magistrate 1st Class, Kurukshetra to any other Court outside the District of Kurukshetra. According to the petitioner, ever since the complaint filed by him was entrusted to Ms. Harleen A. Sharma, Judicial Magistrate 1st Class, Kurukshetra, he had been finding it very hard to adduce evidence without any fear as the said Court had rejected all the applications filed by him for getting certified copies. The petitioner had also submitted an application for supplementary list of witnesses whose names he could not mention earlier, in order to prove the compromise arrived at between Crl. Misc. M-32706 of 2011(O&M) -2- the parties. The trial Court partly allowed the application by summoning only two witnesses, namely, Gurnam Singh and Dharampal but even the said witnesses were not examined without any reason or justification. On 18.7.2008, a couple of witnesses of the petitioner were present before the trial Court alongwith their affidavits but they were not allowed to be examined. These witnesses were material to the case of the petitioner. All this had given an impression to the petitioner that the trial Judge was helping the respondents in one way or the other. It may not be out of place to mention here that the petitioner had earlier applied before the Sessions Judge, Kurukshetra for transfer of the case from the Court of Ms. Harleen A. Sharma, Judicial Magistrate 1st Class, to some other Court. The application submitted by the petitioner for transfer of the case was dismissed by Sessions Judge, Kurukshetra on the ground that in the list of the oldest category cases, the complaint in question was at serial No. 15 and the High Court was pressing hard for disposal of old cases. It was for that reason that the trial Magistrate was taking steps for early decision of the complaint case. The complaint was pending in the Court since 2002 and the trial Magistrate was conscious of this fact and trying hard for early decision of the complaint case. Regarding the stand of the petitioner that on 18.7.2008, his witnesses were present and had got prepared their affidavits but were not examined and their presence was also not marked in the order-sheet, Crl. Misc. M-32706 of 2011(O&M) -3- learned Sessions Judge observed that on the said date, the case was received by transfer in the Court of Shri Narender Sharma, the then Judicial Magistrate 1st Class, Kurukshetra. After 18.7.2008, the complainant got many opportunities but he did not care to examine any of his witnesses. Regarding the non allowing of the examination of the persons whose names were given in the supplementary list of witnesses, leaned Sessions Judge observed that only those witnesses could be examined in pre-charge evidence whose names were mentioned in the list of witnesses. If the complainant wanted to examine some other witnesses, he could have done so after seeking permission of the Court. In case the trial Court had not allowed the complainant to examine more witnesses, he had the option of challenging the order by filing a revision. It was admitted by the complainant that he had filed revision petition against the order dated 23.7.2011. The aforementioned reasons given by the learned Sessions Judge, Kurukshetra while declining the application of the complainant- petitioner for transfer of the case were based upon proper examination of the entire file of the case. Therefore, no relief can be granted to the petitioner in the present petition filed under Section 482 read with Section 407 Cr.P.C. The petition is, accordingly, dismissed. Crl. Misc. M-32706 of 2011(O&M) -4- ( T.P.S. MANN ) November 03, 2011 JUDGE ajay-1