High Court of Punjab and HaryanaCRM-M/16072/2017disposed of

Harbans Singh Sodhi v. State Of Punjab

2017-05-08Mr. Justice Fateh Deep Singh2 pages

CRM No.M-16072 of 2017

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM No.M-16072 of 2017 Decided on: 08.05.2017 Dr. Harbans Singh Sodhi and another ....Petitioners

Versus

State of Punjab ....Respondent CORAM: HON'BLE MRS JUSTICE REKHA MITTAL Present :

Mr. S.C. Arora, Advocate for the petitioners.

REKHA MITTAL, J. (Oral) The petitioners have approached this Court for transfer of trial in FIR No.30 dated 02.04.2010 under Sections 406, 498-A, 420, 376 read with Section 34 of the Indian Penal Code (in short 'IPC') registered at Police Gidderbaha, District Sri Muktsar Sahib. On a query raised by the Court, counsel for the petitioners has fairly informed that the prosecution has already closed its evidence, statements of the accused have been recorded and the case is pending for adducing evidence in defence. However, it has been submitted that as the complainant's side opened an assault on Dr. Kulwinderpal Singh and his two friends on 16.12.2016, the petitioners have apprehension that the complainant party would not permit relevant defence evidence to be adduced, causing miscarriage of justice.

It is further submitted that the petitioners submitted two applications, one to the SHO Gidderbaha dated 21.12.2016, another to Senior Superintendent of Police, Sri Muktsar Sahib dated 14.03.2017 and a request to the Chief Justice, Punjab and Haryana High Court, in this regard. Mohd. Yakub 2017.05.

CRM No.M-16072 of 2017 I have heard counsel for the petitioners and perused the paperbook.

There is no endorsement on the two communications stated to be made to the SHO, Gidderbaha, District Sri Muktsar Sahib dated 21.12.2016 and dated 14.03.2017 to the Sernior Superintendent of Police, District Sri Muktsar Sahib. Though in these applications, there is reference to the matter being brought to the notice of the trial Court but concededly neither any such application was filed before the trial Court nor any alleged oral request made by counsel for the petitioners finds reference in the zimini orders recorded by the Court. Undoubtedly, the trial is at its fag end. It appears that the present petition has been filed with a motive to delay conclusion of trial. Nevertheless, if the petitioners have any grievance to express, they are at liberty to file an appropriate application before the trial Court, in accordance with law.

Disposed of accordingly.

08.05.2017 (REKHA MITTAL) yakub JUDGE Whether speaking/reasoned Yes/No Whether reportable:

Yes/No Mohd. Yakub 2017.05.17 12:56 I attest to the accuracy and authenticity of this document Chandigarh