Punjab-Haryana High Court
Ram Kishan Chhabra vs State Of Haryana & Anr on 5 April, 2011
Crl. Misc. No. M - 9049 of 2011 (O&M) -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
-.-
Crl. Misc. No. M - 9049 of 2011 (O&M)
Date of decision:- April 5, 2011
Ram Kishan Chhabra ... Petitioner
Versus
State of Haryana & Anr. ... Respondents
CORAM:- HON'BLE MR. JUSTICE GURDEV SINGH Present:- Mr. Amit Singla, Advocate, for the petitioner. Gurdev Singh, J (oral) Heard.
The petitioner, Ram Kishan Chhabra, has filed this petition under Section 407 read with Section 482 of the Code of Criminal Procedure, for the transfer of FIR No. 42 dated 16.1.2007, registered under Sections 365 IPC in Police Station Gurgaon, which already stands cancelled vide cancellation report dated 10.4.2007 and in respect of which he has already filed a protest petition in the court of Chief Judicial Magistrate, Gurgaon.
According to the petitioner, Raghunath Sharma respondent No.2, against whom the FIR was registered, is an influential person and in connivance with the police officials got filed the cancellation report. A direction was issued by this Court in Crl. Misc. No. M- 27551 of 2008 to the Commissioner of Police, Gurgaon, to ensure his protection as he had contended in that petition that he was under constant threat to his life at the hands of respondent No.2. He could not appear before the trial Court as no Crl. Misc. No. M - 9049 of 2011 (O&M) -2- such protection was provided to him. He appeared before the trial Court at his own risk and prayed for the summoning of the cancellation report on the ground that he was not satisfied with the same.
In fact no such ground can be spelled out from the contents of the petition for the transfer of the protest petition filed by the petitioner. However, it was submitted by his counsel that he is apprehending threat to his life in case he appears before the Court at Gurgaon. It is pleaded in the petition itself that order regarding the police protection has already been passed by this Court. The petitioner can certainly approach the authorities for providing of police protection.
No ground is made out for transfer the protest petition. Dismissed.
April 5, 2011 (Gurdev Singh) tripti Judge