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ANITA CHAUDHRY, J(ORAL) The petitioner is seeking transfer of the trial pending at Sonepat. The FIR was lodged on the complaint made by his wife under Section 498-A, 406, 420, 323, 506, 34 IPC.

Petitioner no.1 is a lawyer. Petitioner no.2 is his sister. The wife had got the FIR registered in 2012. The police filed the challan in January, 2013. The transfer has been sought on the ground that he was threatened by the lawyers representing the complainant when he went to attend the Court proceedings. The petitioner had pleaded that he was scared of attending the Courts at Sonepat and there was a threat to his life. It was also pleaded that the respondents were also creating pressure upon the Court and there was a possibility that the trial would not be fair or independent. The petitioner is seeking transfer to any other place in Haryana, preferably to Faridabad or Gurgaon as it was not possible for him to attend the cases at Sonepat. He had aged parents. His father was bed ridden and no good lawyer would appear to represent him before the Courts at Sonepat on account of the influence exercised by the complainant and her family members. The petitioner had further had pleaded that the uncle of the respondent was influential and a Director of a company and the complainant had his support. The petitioner had also pleaded that he had filed a transfer petition before the Supreme Court and ex parte interim order was passed in his favour but later it was dismissed on 13.12.2013 but liberty was granted to approach the High Court. The petitioner had referred to number of authorities in his petition which need not detain us here.

Notice was given to the respondents. The State had filed the reply and had denied that any incident had taken place on 27.02.2013. It was pleaded that the complainant was represented by the Public Prosecutor in the State case and the petitioner had been filing various petitions before the High Court and the Supreme Court and when no order was passed by the High Court or the Supreme Court, the petitioner had concocted a false story levelling allegations of threats by the lawyers representing the complainant. It was pleaded that the petitioner cannot get the case transferred as per his choice. It was pleaded that if the petitioner was unable to get lawyer from Sonepat, he could engage a lawyer from another place.

The parties were called for re-concilation. The talks had failed. The petitioner no.1 had stated that he was not ready to pay additional amount to the complainant in case of travel.

The petitioner is seeking transfer of the case from Sonepat to any other district in Haryana and prefers it to be Faridabad or Gurgaon. The petitioner is staying in Faridabad and he practices at Delhi. The complainant lives in Sonepat with her parents. The grounds on which transfer is sought are:-

I have gone through the judgments which have been referred to by the petitioners. None of the judgments are helpful to the petitioners considering the facts. It is not necessary to give the detail facts of each case as it would only burden the record.

The seminal issue is whether the case should be transferred to some other district. The FIR had been lodged at Sonepat. The complainant is residing at Sonepat. No threat was given by the complainant or her uncle. The petitioner has alleged that he was threatened by the lawyer representing the complainant. The State has denied that any such incident had occurred.