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High Court of Punjab and HaryanaCRM-M/12557/2023disposed of

Jatinder Pal Singh v. State Of Punjab And Others

2023-03-14Mr. Justice Gurvinder Singh Gill2 pages

Present:

Mr. Parminder Singh, Advocate for the petitioner.

GURVINDER SINGH GILL, J. (Oral) 1.

This instant petition has been filed on behalf of the complainant seeking transfer of the trial arising out of FIR No. 25 dated 15.02.2020 registered at Police Station Khanna City-2, District Khanna under Sections 406, 420, 506, 120-B IPC, from the Courts at Khanna to Karnal, Ambala or Chandigarh on the ground that the accused have been constantly threatening the petitioner as well as his wife and his brother-in-law, who are the witnesses of the prosecution in the aforesaid matter. 2.

Learned counsel for the petitioner submits that he has been appearing before the Court along with his wife and brother-in-law and that they have been threatened in the Court premises itself. It has been submitted that the statements of petitioner's wife Pushpinder Kaur and his brotherin-law Jatinder Pal Singh son of Puran Singh are yet to be recorded and that the matter is being delayed unnecessarily by the accused, who have been seeking exemptions which are being allowed casually. 3.

Having heard learned counsel for the petitioner, this Court does not find any ground for transfer of the trial. However, the trial Court is directed LAVISHA 2023.03.15 16:04 I attest to the accuracy and authenticity of this order/judgment Punjab & Haryana High Court, Chandigarh

CRM-M-12557-2023 -2to ensure that the statements of petitioner's wife and his brother-in-law Jatinder Pal Singh son of Puran Singh are recorded at the earliest and no request for adjournment on behalf of the accused is entertained. In case, the accused seek exemption from personal appearance, the same may be granted only subject to an undertaking on behalf of such accused that the evidence may be recorded in the absence of such accused. 4.

The petition is disposed of accordingly.

5.

Needless to mention, it shall be open to the petitioner to approach the police in case there is any threat to life and liberty of the petitioner or to other members of his family.

14.03.2023 (GURVINDER SINGH GILL) Lavisha JUDGE LAVISHA 2023.03.15 16:04 I attest to the accuracy and authenticity of this order/judgment Punjab & Haryana High Court, Chandigarh