Criminial Revision No.2669 of 2009 -1- *** IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminial Revision No.2669 of 2009 Date of decision : 13.10.2009 Balwinder Singh and another .....Petitioner Versus State of Punjab and another ...Respondent **** CORAM : HON'BLE MR. JUSTICE S. D. ANAND Present: Mr.S.S.Sidhu, Advocate for the petitioners. S. D. ANAND, J. The averment, in the course of the transfer application, that the respondent No.2-complaint was repeatedly seen coming out of the chamber of the Presiding Officer is, to say the least, vague and uncharitable. It has rightly been disbelieved by the learned Sessions Judge who would in disagreement after having obtained comments from the learned Presiding Officer. The further averment that the respondent no.2-complainant was, in his capacity “as staff member in Green Hotel, Patiala”, under the father of the Presiding Officer, who is incharge-cum-Manager of the said hotel is neither here nor there. The exact nature of placement of husband of the complainant has not been indicated. How exactly could a Manager of a hotel have “family relations' with a staff member of the indicated placement is not indicated. An applicant who moves a transfer plea must compulsively be able to indicate certain semblance of facts on the basis whereof he could entertain apprehension that he would not get justice at the hands of the concerned Presiding Officer. A Presiding Officer cannot be divested of a Criminial Revision No.2669 of 2009 -2- *** jurisdiction to deal with a particular matter just because a party entertains misconceived and unsubstantiated apprehension in its mind about the Presiding Officer concerned. Even otherwise, the Presiding Officer's Court is the first Court of jurisdiction. An error, governed by the averred extraneous consideration, could surely be taken care of by this Court or the Apex Court. I have no reasons to differ with the view obtained by the learned Sessions Judge in declining the transfer plea. Dismissed. October 13, 2009 (S. D. ANAND) Pka JUDGE Note: Whether to be referred to Reporter : Yes/No