Crl. Misc. No. M-8947 of 2011(o&m) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -.- Crl. Misc. No. M-8947 of 2011(o&m) Date of decision :- March 23, 2011 Narinder Kumar & Anr .... Petitioners Versus Darshan Singh & Ors. ... Respondent. CORAM:- HON'BLE MR. JUSTICE GURDEV SINGH Present:- Mr.Nakul Sharma, Advocate, for the petitioner Gurdev Singh, J (Oral) Heard. The petitioners, Narinder Kumar and Smt. Shakuntala Devi, who have been summoned as accused in complaint No.9/10 of 2.7.2010 filed against them by Darshan Singh Rai respondent No.1 under Sections 323, 504, 506, 511 and 34 IPC, have come up with the present petition under Section 407 read with Section 482 of the Code of Criminal Procedure for the transfer of that complaint from the Court of Judicial Magistrate, Ist Class, Ludhiana, to any Court of competent jurisdiction in the State of Punjab. The only grounds pleaded in the petition and pressed are that respondent No.1 and his son are practicing as Advocates in the Courts at Ludhiana and the other son of respondent No.1 is a Judicial Officer and that summoning order has been passed by the Magistrate within 4 months of the filing of the complaint itself. Crl. Misc. No. M-8947 of 2011(o&m) -2- Merely on the ground that respondent No.1 and his son are practicing Advocates at Ludhiana or that the other son of respondent No.1 is a Judicial Officer cannot be a ground for transfer of the complaint unless some overt act has been attributed to the respondent or his sons. If the Magistrate is proceeding with the complaint and is expediting the same, it cannot be a ground for transfer thereof as nothing has been said against that Judicial Magistrate except the quickness shown by him. No ground for transfer. Dismissed. (Gurdev Singh) Judge March 23, 2011 tripti