Crl. Misc. No. M-25644 of 2008 (O&M) 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Crl. Misc. No. M-25644 of 2008 (O&M)
Decided on : 05-10-2009
Pooja
....Petitioner
VERSUS
State of Punjab and others
....Respondents
CORAM:- HON’BLE MR. JUSTICE MAHESH GROVER
Present:- None for the petitioner.
Mr. B.B.S.Teji, AAG, Punjab.
Mr. S.S.Gill, Advocate for respondent nos. 2 to 4.
MAHESH GROVER, J
This is a petition under Section 407 Cr.P.C praying for transfer
of the case titled as ‘State versus Sunil Chopra and others’ in FIR No. 220
dated 10.6.2008 pending in the Court of Judicial Magistrate Ist Class,
Patiala to a Court of competent jurisdiction at Ludhiana.
No one is present on behalf of the petitioner.
After perusing the averments made in the petition and hearing
learned counsel for the respondents, I am of the considered opinion that no
case for transfer is made out. The only ground which has been raised in the
present petition seeking transfer of the proceedings in case referred to above
is that respondents are influencial persons and are residents of Patiala. No
such material has been shown to this Court from which such factor can be
established. Even otherwise this can hardly be a ground for transfer of the
proceedings outside the Court of competent jurisdiction. That apart it has
Crl. Misc. No. M-25644 of 2008 (O&M) 2
been stated that petitioner has to travel 70 km to attend to the Court
proceedings. The case has been registered pursuant to FIR No. 220. In this
eventuality, presence of the petitioner is not necessary on each and every
date.
Having regard to all the facts cumulatively, the present petition
being devoid of any merit is hereby dismissed.
October 05 , 2009 (Mahesh Grover) rekha Judge