Punjab-Haryana High Court
Swaran Singh vs State Of Punjab on 18 December, 2009
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Criminal Misc. No.M-6723 of 2009
Date of decision: 18.12.2009.
Swaran Singh ....Petitioner
Versus
State of Punjab ...Respondent
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CORAM : HON'BLE MR. JUSTICE S. D. ANAND
Present: Mr. G.S.Sandhawalia, Advocate for the petitioner
Mr. Arshvinder Singh, Deputy Advocate General, Punjab
S. D. ANAND, J.
The relevant trial is pending in the Court of Shri Buaji Nangli, Judge, Designated Court, Jalandhar. It is apparent from Annexure P-9 that this very Officer had appeared, as a witness for the prosecution, as PW-2. It is obvious that a Presiding Officer, who has already been examined as a witness for the prosecution, cannot be said to be competent to try that case himself.
On consensual basis, trial in F.I.R. No.175 dated 10.6.1998 under Sections 302/34/292 IPC read with Section 25/54/59 of the Arms Act and Section 3 & 4 of the Terrorist and Disruptive Activities (Prevention) Act, 1987 shall stand transferred from the Designated Court at Jalandhar to the Designated Court at Ludhiana.
The parties, through their learned counsel, are directed to appear before the learned transferee Court on 25.1.2010.
The entire trial Court record shall be transmitted forthwith to the learned transferee Court.
In response to a verbal request, the learned transferee Court is directed to expedite the trial.
December 18, 2009 (S. D. ANAND) Pka JUDGE