Crl. Misc. No. M-5739 of 2008 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No.M-5739 of 2008(O&M) Decided on : 03-07-2009 Harjit Kaur ....Petitioner VERSUS Paramjit Singh ....Respondent CORAM:- HON'BLE MR. JUSTICE MAHESH GROVER Present:- Mr. Naresh Gopal Sharma, Advocate for the petitioner Mr. Narinder Lucky, Advocate for Mr. G.S.Nagra, Advocate for the respondent. MAHESH GROVER, J Crl. Misc. No. 10566 of 2008 CM is allowed as prayed for. Crl. Misc. No. M-5739 of 2008 This is a petition under Section 407 Cr.P.C praying for transfer of complaint filed under Sections 420, 406, 506, 379, 120-B IPC titled as 'Paramjit Singh versus Harjit Kaur & ors' pending in the Court of Ld. Illaqa Magistrate Batala, District Gurdaspur to a Court of competent jurisdiction at Ludhiana. It is contended by the learned counsel for the petitioner that petitioner is a lady and it is extremely difficult for her to travel more than 100 kms to the place where proceedings in the complaint referred to above are pending. He further contends that Hon'ble Supreme Court in case titled as 'Sumita Singh versus Kumar Sanjay and another' AIR 2002 SC 396 has Crl. Misc. No. M-5739 of 2008 (O&M) 2 observed that convenience of the parties is one of the factors to be considered while considering the prayer for transfer of cases from one District to another. Learned counsel for the respondent contends that divorce inter se between the parties has already materialized but the present proceedings are on account of the complaint which respondent has preferred . He has stated that the proceedings do not deserve to be transferred simply on the grounds which have been agitated before this Court. After hearing learned counsel for the parties and also keeping in view the observations of Hon'ble Apex Court in case titled as 'Sumita Singh versus Kumar Sanjay and another' AIR 2002 SC 396, I am of the considered opinion that the present petition deserves to succeed. It has also been pointed out to this Court that some other proceedings under Section 125 Cr.P.C are also pending at Ludhiana. Accordingly, the proceedings in complaint filed under Sections 420, 406, 506, 379, 120-B IPC titled as 'Paramjit Singh versus Harjit Kaur & ors' pending in the Court of Ld. Illaqa Magistrate Batala, District Gurdaspur are transferred to a Court of competent jurisdiction at Ludhiana. The Court at Ludhiana shall issue notice to the parties for appearance after receipt of the case on transfer July 03, 2009 (Mahesh Grover) rekha Judge