Ant Ram & ORS v. State Of Haryana & ORS

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IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of Decision: September 01, 2015 Ant Ram & Ors.

...Petitioners

Versus

State of Haryana & Ors.

...Respondents

CORAM: HON'BLE MR. JUSTICE NARESH KUMAR SANGHI

Present:

Mr.Kunal Dawar, Advocate, for the petitioners.

Mr.Kuldeep Tiwari, Addl.AG, Haryana.

Mr.Adarsh Jain & Ms.Kamaldeep Kaur, Advocates, for respondent Nos.2 & 3.

Naresh Kumar Sanghi, J.(Oral) Prayer in this petition, filed under Section 407, Cr.P.C., is for transfer of trials arising out of FIR No.90, dated 28.04.2012 for the offences punishable under Sections 323, 406, 498-A and 506 read with Section 34, IPC, registered at Police Station, Chandhat, District Palwal and FIR No.202 dated 09.09.2012 for the offence punishable under Section 506 read with Section 34, IPC, registered at Police Station, Chandhat District Palwal from the Court of learned Chief Judicial Magistrate to any other Court of competent jurisdiction outside Palwal.

Learned counsel for the petitioners contends that respondent Nos.2 and 3 are influential persons, who are permanent residents of Tehsil Palwal, and as and when the petitioners, who are permanent residents of Bhiwadi District SEEMA RANI 2015.09.01 18:02

[2] Alwar, Rajasthan, go to attend the Court proceedings at Palwal then the private respondents would not only extend threats but also attempt to mishandle them. They have danger to their lives, therefore, both the cases be transferred outside Palwal. Learned counsel for the State submits that he has no objection if the cases, arising out of the above-mentioned FIRs, are transferred from Palwal to any other Court within the Sessions Division, Palwal.

After hearing learned counsel for the parties and going through the material available on record, the cases arising out of FIRs, mentioned above, pending before learned Chief Judicial Magistrate, Palwal, are transferred to the board of learned SubDivisional Judicial Magistrate, Hathin, District Palwal. Learned Chief Judicial Magistrate, Palwal, shall send the complete record of the above-said cases to the Court of learned Sub-Divisional Judicial Magistrate, Hathin, immediately after receipt of copy of this order.

The parties to the lis shall appear before the transferee Court on 10.09.2015, the date fixed in the case arising out of FIR No.90 dated 28.04.2012.

Disposed of accordingly.

September 01, 2015 (Naresh Kumar Sanghi) seema Judge

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