Jasvir Singh vs State Of Punjab And Others on 18 August, 2011

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Punjab-Haryana High Court

Jasvir Singh vs State Of Punjab And Others on 18 August, 2011

Bench: T.P.S. Mann

IN THE HIGH COURT OF PUNJAB AND HARYANA
             AT CHANDIGARH



                        Criminal Misc. No.M-22339 of 2011
                           Date of Decision : August 18, 2011


Jasvir Singh
                                                   ....Petitioner
                             Versus
State of Punjab and others
                                               .... Respondents

CORAM : HON'BLE MR. JUSTICE T.P.S. MANN

Present : Mr. Ashish Grover, Advocate
          for the petitioner.

           Mr. P.S. Paul, Deputy Advocate General, Punjab
           for respondents No. 1 and 2.

           Mr. Rohit Kumar, Advocate
           for respondent No.3.


T.P.S. Mann, J. (Oral)

By filing the present petition under Section 407 Cr.P.C., the petitioner has sought transfer of the case titled "State Vs. Kulwinder Singh" arising out of FIR No.71 dated 15.6.2004 under Sections 325/324/323/34 IPC registered at Police Station Sangat, Tehsil and District Bathinda from the Court of Shri K.K. Singla, Principal Magistrate, Juvenile Justice Board, Bathinda to a Court of competent jurisdiction at Mansa, Faridkot or any other adjoining district. Criminal Misc. No.M-22339 of 2011 -2-

According to the petitioner, at whose instance the aforementioned FIR was registered, Gurlabh Singh and two others were earlier tried by Shri K.K. Singla, who at that time was posted as Judicial Magistrate 1st Class, Bathinda. Now, the proceedings in the said FIR are being taken up against Kulwinder Singh-respondent No.3, a delinquent juvenile, in the Court of Principal Magistrate, Juvenile Justice Board, Bathinda, headed by Shri K.K. Singla. Prayer has been made for transfer of those proceedings on the ground that Shri K.K. Singla, Principal Magistrate, Juvenile Justice Board has already expressed his mind while deciding earlier case titled "State Vs. Gurlabh Singh and others" in the capacity of Judicial Magistrate 1st Class, Bathinda.

Learned counsel for the petitioner has drawn the attention of the Court to the letter dated 9.5.2011 addressed by Shri K.K. Singla, Principal Magistrate, Juvenile Justice Board, Bathinda to the learned District and Sessions Judge, Bathinda wherein he had mentioned that as he had expressed his opinion in the case titled as "State Vs. Gurlabh Singh and others" as Judicial Magistrate 1st Class, Bathinda, the present case, i.e. "State Vs. Kulwinder Singh" be transferred from the Board headed by him.

Criminal Misc. No.M-22339 of 2011 -3-

Reply has been filed by respondent No.3, which is taken on record and a copy thereof supplied to learned counsel for the petitioner.

The averment made by the petitioner in para 7 of the petition qua the letter dated 9.5.2011 addressed by Shri K.K. Singla, Principal Magistrate, Juvenile Justice Board, Bathinda has not been denied by respondent No.3. In fact, the said respondent has admitted the contents of para 7 being matter of record.

Without observing anything on the merits of the case or the conduct of Shri K.K. Singla, Principal Magistrate, Juvenile Justice Board, Bathinda, this Court is of the view that ends of justice would be best met if the case titled "State Vs. Kulwinder Singh" is transferred to the Juvenile Justice Board at Mansa.

Ordered accordingly.




                                       ( T.P.S. MANN )
August 18, 2011                            JUDGE
satish

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