CRM No.M 32490 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM No.M 32490 of 2011 Date of decision: 20.12.2011 Gurmeet Singh Lamba and another ....Petitioners Versus Rabinder Kaur ...Respondent CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: Mr.AK Jain, Advocate for the petitioners. Mr.PK Kataria, Advocate for the respondent. ***** Jitendra Chauhan, J.(Oral) 1. The present petition has been preferred by the petitioners, under Section 407 of the Code of Criminal Procedure, praying for the transfer of the complaint case No.360/07 dated 19.12.2007, titled as ‘Rabinder Kaur vs. Gurmeet Singh and others,' filed by the respondent-wife, from the Court of learned Judicial Magistrate, 1st Class, Amritsar to any other court of competent jurisdiction at any other place. 2. Learned counsel for the petitioners argued that his mother i.e. petitioner No.2 is an old woman of 72 years and suffering from various ailments. She is under treatment. He has further contended that they are attending the Court at Amritsar under great stress and threat to their life and CRM No.M 32490 of 2011 2 liberty at the hands of the family of the respondent. 3. On the other hand, learned counsel for the respondent-wife has denied the allegations levelled and stated that the respondent-wife is living with her parents at Amritsar and also maintaining the minor child, born out of the wedlock. 4. I have heard learned counsel for the parties and perused the case file. 5. The perusal of the case file reveals that respondent-wife, after having been ousted from her matrimonial home, is residing with her parents at Amritsar. She is maintaining the minor child, born out of the wedlock. The respondent-wife lodged the present complaint under Sections 313, 406, 498A, 120-B of the Indian Penal Code, in which the criminal proceedings were initiated against the petitioners. 6. There is no force in the submissions made by the learned counsel for the petitioners. If there had been any threat, they would have lodged the FIR against the respondent. There is no complaint or any FIR against the respondent wife. The petitioners are attending the court in the present case for the last five years without any harm or threat to them. 7. In view of the above, prima facie, no ground is made out to transfer the case from Amritsar to any other place. Accordingly, the present petition is dismissed being bereft of any merit. 20.12.2011 (JITENDRA CHAUHAN) gsv JUDGE