Crl. Misc. No.M-26221 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl. Misc. No.M-26221 of 2010 Date of Decision: 15.12.2010 Kanwaljit Singh Monga ....Petitioner Versus State of Punjab and others ....Respondents CORAM : Hon'ble Ms. Justice Nirmaljit Kaur Present:- Mr. H.S. Ghuman, Advocate for the petitioner. Mr. P.S. Bajwa, D.A.G., Punjab for the respondent-State. ***** 1. Whether Reporters of Local Newspapers may be allowed to see the judgment ? 2. To be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest ? ** NIRMALJIT KAUR, J. (ORAL) This is a petition under Section 482 read with Section 407 Cr.P.C for issuance of direction, order or command to transfer FIR No.324 dated 29.11.2008 registered at Police Station Division No.5, Civil Lines, Ludhiana under Sections 452, 295, 323, 506, 148 and 149 IPC but subsequently committed before the Court of Additional Chief Judicial Magistrate, District Courts, Ludhiana under Sections 356, 323, 506, 148 and 149 IPC either to Chandigarh or to the State of Haryana or to any other court of Sessions. It has been pointed out that the matter has been investigated and the challan has already been filed. Thus, there is no occasion to transfer the investigation of the FIR from one Police Station to another. With respect to the prayer that the case pending before the trial Court, Ludhiana, be transferred to Chandigarh or to the State of Crl. Misc. No.M-26221 of 2010 2 Haryana, a reply has been filed by Ishwar Singh, IPS Commissioner Police, Ludhiana on behalf of respondents No.1 to 3 stating therein that the petitioner was heard and his duly signed statement was got recorded, in which, he has stated that he apprehended that the accused may not thrash him on the dates of hearing. On the basis of the report verified by ADCP 3, Ludhiana, the SHO of Police Station Division No.5, Ludhiana has been directed by Ishwar Singh, IPS, Commissioner Police, Ludhiana to provide security to the petitioner on the dates of hearing as and when demanded by him. It is further stated that apart from this, ADCP, Control Room, Ludhiana has also been asked to direct the concerned PCR squad to provide assistance to the petitioner as and when solicited by him on the respective dates of hearing. In view of the above, no further order is called for. This Court has no doubt that the Commissioner Police, Ludhiana shall ensure that the present petitioner is not physically harmed in any manner and that he is able to appear in the Court and record his evidence without any fear to his life. Disposed of as above. (NIRMALJIT KAUR) 15.12.2010 JUDGE gurpreet