Crl. Misc. No. 450 of 2011 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -.- Crl. Misc. No. 450 of 2011 (O&M) Date of decision:- March 31, 2011 Hardit Singh ... Petitioner Versus Gurmeet Kaur ... Respondent CORAM:- HON'BLE MR. JUSTICE GURDEV SINGH Present:- Mr. Gurnam Singh, Advocate, for the petitioner Gurdev Singh, J (oral) Heard. This petition under Section 407 read with Section 482 of the Code of Criminal Procedure has been filed by Hardit Singh petitioner, for the transfer of the complaint filed against him and others by Gurmeet Kaur respondent/complainant titled “Gurmeet Kaur Vs. Hardit Singh and Ors” from the Court of S.D.M Derabassi to the Court of SDM or the Court of SDJM Chandigarh. The complaint has been annexed with the petition as Annexure P/1 and in fact it is an application filed under Sections 12 and 18 of the Protection of Women from Domestic Violence Act, 2005 and was filed before the JMIC Rajpura as is clear from the other documents annexed with the petition. In fact this complaint is pending not before the SDM, but before the SDJM Derabassi. The only grounds for the transfer as stated in the petition are that the complaint was filed on 31.3.2008, but no progress has been made and the same is being adjourned from time to time. The Crl. Misc. No. 450 of 2011 (O&M) -2- entire family of five members has been involved in this complaint. He was attacked by the parents and husband of the complainant at Dera Bassi and criminal proceedings under Sections 107/151 Cr.P.C are already pending before the S.D.M Dera Bassi. He is apprehending that he may be attacked by the complainant, his parents and other relatives, who are residing at Zirakpur. On 7.1.2011, it was submitted by learned counsel for the petitioner that every time the petitioner attends the Court at Derabassi, he and his co-accused are being attacked by the complainant-party about which representations were made to the police. He wanted to place on record copies of those applications. He was permitted to do so. The only document placed by him on the record is the Kalandra presented under Section 107/151 Cr.P.C (report No.24 in DDR dated 26.8.2010) police Station Derabassi. A perusal thereof shows that proceedings were infact initiated at the instance of Gurmeet Kaur-complainant and her husband Gurmeet Singh, who had filed a complaint against the present petitioner and others to the effect that she had the apprehension that she might be attacked by the petitioner and his other co-accused. That shows that it is the complainant party which is apprehending attack at the hands of the petitioner and his co- accused. No document has been filed to substantiate the grounds taken up in the petition. Merely on the apprehension of the petitioner, in the absence of any prima facie evidence, it cannot be said that there is a ground for transfer of the complaint and the petition is hereby dismissed. March 31, 2011 (Gurdev Singh) tripti Judge