Punjab-Haryana High Court
Surender @ Bachha vs State Of Haryana on 20 March, 2009
Author: S.S. Saron
Bench: S.S. Saron
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Crl. Misc. No. M- 7867 of 2009
Date of decision : March 20, 2009
Surender @ Bachha
..... Petitioner
Versus
State of Haryana
...... Respondent
Present: Mr. S.P. Chahar, Advocate for the petitioner.
***
S.S. SARON, J.
This petition under Section 407 read with Section 482 of the Code of Criminal Procedure ("CrPC" - for short) has been filed seeking transfer of Crl. Case FIR No.168 dated 21.8.2004 registered at Police Station Beri, Distt. Jhajjar for the offences under Sections 406 and 420 Indian Penal Code ("IPC" - for short) and Section 7 of the Prevention of Corruption Act, 1988 pending in the Court of learned Additional Sessions Judge (Special Judge), Jhajjar to any other Court of competent jurisdiction outside Jhajjar district.
The grievance of the petitioner is that he filed a complaint dated 12.4.2004 against Sunil Kumar who is working as a Process Server in the Sessions Division, Rohtak. It is alleged that Sunil Kumar demanded a sum of Rs.20,000/- from the father-in-law of the petitioner namely Sh. Gopi Ram for the purpose of expeditious disposal of land acquisition case No.23/93 titled Gopi Ram and Umed Singh and Others v. State of Haryana. A copy of the complaint (Annexure P2) has been placed on record. In counter-blast to the said complaint, the father of Sunil Kumar got registered FIR No. 168 dated 21.8.2004 in which the petitioner is facing Crl. Misc. No. M- 7867 of 2009 [2] trial. The petitioner apprehends that since Sunil Kumar is posted as a Process Server in the District Courts at Jhajjar, he would not be able to get fair and free atmosphere to attend the proceedings in the Courts at District Jhajjar. Therefore, it is prayed that the case pending against the petitioner in the Court of Special Judge, Jhajjar be transferred to some other district.
After giving my thoughtful consideration to the matter, I find absolutely no ground to transfer the case. The fact that Sunil Kumar is working as a Process Server in the Courts at Jhajjar and the father-in-law of the petitioner had made a complaint (Annexure P2) against him, is no ground whatsoever to transfer the case from the Court at Jhajjar to a Court of competent jurisdiction outside Jhajjar district.
Accordingly, the Crl. Misc. petition is dismissed.
(S.S. SARON) JUDGE March 20, 2009 amit