High Court of Punjab and HaryanaCRM-M/8714/2023dismissed

Dharminder Kumar v. Vasudev And Another

2023-02-20Mr. Justice Gurvinder Singh Gill2 pages

In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-8714-2023 (O&M) Date of Decision:-20.2.2023 Dharmender Kumar ... Petitioner

Versus

Vasudev and another ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Ishwar Pratap Singh Sethi, Advocate with Mr. Chirag Y. Mehta, Advocate for the petitioner. Mr. Gurmeet Singh, AAG, Haryana.

***** GURVINDER SINGH GILL, J. (Oral) 1.

The instant petition has been filed seeking transfer of Criminal Appeal No. 169/2022 (Annexure P-1) from the Court of learned Sessions Judge, Narnaul to any other Court of competent jurisdiction at District Rewari. 2.

The grounds set forth in para No.5 for transfer of aforesaid criminal appeal are reproduced hereinunder:

"5. That the trial court without giving any opportunity to the accused to lead proper evidence passed the final order convicting the accused in a high haste manner. Aggrieved against the same the petitioner approached the Hon'ble Appellate Court which in turn is again not giving any opportunity to the petitioner to prove his case and at the very first instance has shown to be not interested PANKAJ KAKKAR 2023.02.20 16:36 I attest to the accuracy and authenticity of this document

( 2 ) CRM-M-8714-2023 (O&M) in hearing the case on merits rather the Sessions Court i.e. Court of Sh. Rajneesh Bansal verbally conveyed on the second date of hearing to the counsel representing the accused that he is not ready to go into the merits, and he should go and compromise with the complainant otherwise he is going to simply uphold the judgement of the trial court and he will be left with no other choice."

Upon perusal of the instant petition as well as upon hearing learned counsel for the petitioner this Court finds that the grounds set forth for transfer of criminal appeal do not inspire confidence and the petition is apparently an attempt for bench-hunting. The petitioner in one breath has raised identical allegations against trial Court as well as lower Appellate Court, which are very convenient to be alleged. This Court does not find any valid ground for transfer of aforesaid criminal appeal. The petition is sans merit and is hereby dismissed.

20.2.2023 ( Gurvinder Singh Gill ) pankaj Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No PANKAJ KAKKAR 2023.02.20 16:36 I attest to the accuracy and authenticity of this document