Punjab-Haryana High Court
Gaurav Aggarwal And Another vs State Of Haryana And Others on 20 March, 2012
Author: Ranjit Singh
Bench: Ranjit Singh
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Crl. Misc. No. M- 36328 of 2011 (O&M)
Date of decision : 20.03.2012
Gaurav Aggarwal and another .....Petitioners
VERSUS
State of Haryana and others ....Respondents
CORAM:- HON'BLE MR.JUSTICE RANJIT SINGH
1. Whether Reporters of local papers may be allowed to see the judgement?
2. To be referred to the Reporters or not?
3. Whether the judgment should be reported in the Digest?
Present: Mr. Aman Bansal, Advocate
for the petitioners.
Mr. Saurabh Mohunta, DAG, Haryana
for the State.
Mr. Arun Singal, Advocate
for respondents No. 2 and 3.
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RANJIT SINGH, J.
The petitioner-Gaurav Aggarwal is the complainant in FIR No. 211 dated 06.09.2007 registered under Sections 148, 149, 323, 447, 452, 427 and 506 IPC. The trial, in this case, is in progress at Sonipat. After this delay of nearly five years, the present petition has now been filed for transfer of this case out of Sonipat on the ground that the petitioners are being threatened by the respondents.
This primarily is a dispute relating to agreement to sell. Initially, the property in question was taken on rent. The civil suit in this regard is also pending. The allegation that the petitioners are Crl. Misc. No. M- 36328 of 2011 (O&M) -2- being threatened, would be a such general allegation, which can always be made in every case. Having faced the prosecution for five years, it is too late for the petitioners now to wake up and allege threat. If the petitioners have been able to defend themselves for the last five years at Sonipat, it is not understood as to how they perceive any threat now. As per the State counsel, only three witnesses remain to be examined. I am, therefore, not inclined to accede to the request of the petitioners.
The petition is, accordingly, dismissed.
March 20, 2012 ( RANJIT SINGH ) rts JUDGE