In the High Court of Punjab and Haryana at Chandigarh Crl. Misc. No. M- 4419 of 2011(O&M) Date of Decision: February 14, 2011 Som Jeet Pal Sharma and others ---Petitioners versus Kulwant Rai Sharma and others ---Respondents Coram: HONBLE MR. JUSTICE GURDEV SINGH *** Present: Mr.B.S.Sidhu, Advocate, for the petitioners. *** GURDEV SINGH, J. This transfer application under Section 407 read with Section 482 of the Code of Criminal procedure has been filed by the applicants, Som Jeet Pal Sharma, Piare Lal, Sukhdev Raj Sharma and Om Parkash Sharma, for transfer of Complaint No. 114 dated 10.9.2009 filed against them by Kulwant Rai Sharma-respondent No. 1, under Sections 120-B and 500 IPC, from the Court of Judicial Magistrate, Mansa, to the Court of Judicial Magistrate, Bathinda. So far as the present application is concerned, the only facts so stated therein and relevant are that the complainant-respondent No. 1, in order to cover his own misdeeds has started filing different cases in different courts. The applicants are residing at Bathinda and other cases are pending against them at that place and Talwandi Sabo. The activities of the Sabha (Brahman sabha and Sanskrit Mahavidyalia Myserkhana) are mostly confined to Myserkhana, Crl. Misc. No. M- 4419 of 2011(O&M) -2- which falls in Talwandi Sabo, District Bathinda. In addition to that, it has also been stated in the application that Piare Lal Sharma-applicant No. 2, is suffering from heart disease and got his by-pass surgery done a few years back. I have heard learned counsel for the applicants. The only ground submitted by counsel for the applicants is that the other cases between the parties are pending at Bathinda and that the head quarters of the Sabha are also situated within District Bathinda and it will be in the interest of justice in case the complaint, so mentioned in the application, is also transferred to some court at Bathinda. The complaint cannot be transferred on the ground so submitted by the applicants. As per the contentions made in the complaint, the defamatory remarks were published in the newspaper 'Jagbani' being published from Bathinda, but according to the complaint, that defamatory remarks were read within the jurisdiction of the court at Mansa. Thus, the court at Mansa has the territorial jurisdiction to try that complaint. Merely on the ground that the main office of the Sabha is situated within the District of Bathinda and that the other cases between the parties are pending in the court at Bathinda, cannot be made a ground for transfer of the complaint to the Court at Bathinda. There is no merit in this application and the same is hereby dismissed. (GURDEV SINGH) JUDGE February 14, 2011 PARAMJIT