Bhupinder Singh And Another v. State Of Punjab And Another




    
  

 

 BHUPINDER SINGH AND ANOTHER    

  STATE OF PUNJAB AND ANOTHER    

    
  
  

            Mr. Jasjit Singh Rattu, DAG, Punjab.

  
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    # $  (() Bharatiya Nagarik Suraksha Sanhita, 2023 read with Section 528 Bharatiya Nagarik Suraksha Sanhita, 2023 for transfer of FIR No.13 dated 10.04.2024 under Sections 406 and 498-A of IPC (Annexure P-3) registered at Police Station PS NRI, District Gurdaspur from the Court of learned Chief Judicial Magistrate, Gurdaspur to the Court of Competent Jurisdiction at District Pathankot where one application under Section 12 of DV Act bearing No.COMA/118/2023 is already filed by respondent No.2 against petitioners.

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Learned counsel for petitioners pointed out that allegations levelled in the FIR are false and without any basis. Present petitioners are old parents of Sangram Singh. Respondent No.2 is their daughter-in-law. It is difficult for the petitioners to travel to Gurdaspur being senior citizens. They have to travel distance around 210 kilometers both sides including stretch of semi hills area. The transfer of aforesaid trial from Gurdaspur to Pathankot is also in the interest of complainant/respondent No.2. Petitioners are facing difficulty in travelling and they also face financial hardship. Hence the petition.

3.

I have considered the arguments advanced by learned counsel for the petitioners. Admittedly, aforesaid trial is pending in the Court of Chief Judicial Magistrate, Gurdaspur and the prayer is to transfer the same to District Pathankot. Present petitioners are in-laws of respondent No.2 at whose instance the FIR is lodged. Trial in this case is already going on. As per memo of parties, both the petitioners are resident of village Bhanguri, Tehsil Dhar Kalan, District Pathankot whereas respondent No.2 is resident of Jammu. Trial is going on in District Gurdaspur. Therefore, petitioners are to travel only from village Bhanguri, District Pathankot to Gurdaspur. Infact, distance between Tehsil Dhar Kalan and Gurdaspur is approximately 60-70 kilometers and the distance explained in para No.7 of the petition is not justified.

Petitioners who are accused in the aforesaid FIR cannot claim their inconvenience to face the trial which is already going on. Considering the aforesaid factual position, I do not find any reason to transfer the trial from one District to the another and petition is, accordingly declined.

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