Crl. Misc. No. M-17033 of 2008 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-17033 of 2008 Decided on : 24-02-2009 Smt. Satnam Kaur ....Petitioner VERSUS ASI Sarup Singh ....Respondent CORAM:- HON'BLE MR. JUSTICE MAHESH GROVER Present:- Ms. Savita Saxena, Advocate for the petitioner None for the respondent. MAHESH GROVER, J This is a petition under Section 407 of the Code of Criminal Procedure praying for transfer of complaint no. 10T/8.10.2004 titled as 'ASI Saroop Singh versus Satnam Kaur and others' pending in the Court of Sh. A.K.Aggarwal, PCS, Judicial Magistrate, First Class Patiala to a Court of competent jurisdiction at Ludhiana. It is the contention of the learned counsel for the petitioner that the proceedings initiated against the petitioner are result of a matrimonial discord and she is facing threat to her life as she was beaten up in the Court premises. She being a lady finds it extremely difficult to travel to Patiala especially when her life is under threat. Although reply has been filed to the present petition but no one is present on behalf of the respondent despite the fact that the case has been called out twice. The petition is, therefore, taken up for arguments. Crl. Misc. No. M-17033 of 2008 2 In view of the contentions of the learned counsel for the petitioner which have gone uncontroverted 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. Accordingly, the proceedings in the complaint no. 10T/8.10.2004 titled as 'ASI Saroop Singh versus Satnam Kaur and others' pending in the Court of Sh. A.K.Aggarwal, PCS, Judicial Magistrate, First Class Patiala 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 February 24, 2009 (Mahesh Grover) rekha Judge