Criminial Misc. No.M-9329 of 2009 -1-
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Criminial Misc. No.M-9329 of 2009
Date of decision : 14.10.2009
Gurbaz Singh and another .....Petitioners
Versus
State of Punjab ...Respondent
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CORAM : HON'BLE MR. JUSTICE S. D. ANAND
Present: Mr. Vishaldeep Goyal, Advocate for the petitioner
Mr. B.B.S.Teji, Assistant Advocate General, Punjab
Mr. Amrinder Singh, Advocate for the Bar Association,Sangrur
S. D. ANAND, J.
The petitioners are facing a prosecution in FIR No.232 dated
23.9.2008 under Sections 452, 323/34, 325 IPC registered at Police
Station City, Sangrur in a Magisterial Court at Sangrur. Their grievance is
that they have not been able to engage a counsel from the Bar at Sangrur
in view of the fact that first informant is father of a practicing Advocate at
Sangrur. It is also averred that the District Bar Association, Sangrur had
twice pass a resolution expressing solidarity with the first informant and
informing the members of the Association to refrain from defending the
petitioners.
The averments are denied on behalf of the private
respondents. It is argued that the District Bar Association Sangrur did not
ever passed a resolution to the averred effect. It is, however, not denied
that father of the first informant is indeed a practicing Advocate at Sangrur.
In the circumstances of the case, I am of the opinion that the
interests of justice would be served if the matter is withdrawn from the
Criminial Misc. No.M-9329 of 2009 -2-
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Court at Sangrur and is transferred to the Court of Chief Judicial
Magistrate, Barnala and it is so ordered accordingly.
The transfer of the matter from Sangrur to Barnala shall not, at
all, be taken to be an expression of opinion on the merits of the
controversy therein.
October 14, 2009 (S. D. ANAND) Pka JUDGE
Note: Whether to be referred to Reporter : Yes/No