High Court of Punjab and HaryanaCRM-M/38030/2014allowed

Gaurav Bansal v. State Of Haryana And ORS

2016-04-01Mr. Justice Harinder Singh Sidhu2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CRM No.M-38030 of 2014(O&M) Date of Decision: April 01, 2016 Gaurav Bansal

...Petitioner

VERSUS

State of Haryana and others

...Respondents

CORAM:

HON'BLE MR. JUSTICE INDERJIT SINGH

Present:

Mr.Atul Lakhanpal, Senior Advocate with Mr.Arjun Lakhanpal, Advocate for the petitioner.

Mr.D.R.Singla, Deputy Advocate General, Haryana for the respondent-State.

None for respondents No.2 to 11.

**** INDERJIT SINGH, J.

Petitioner has filed this petition under Section 407 Cr.P.C. against State of Haryana and other respondents for transfer of Criminal Appeal No.619 of 2013 titled as 'Gaurav Bansal vs. Ravi Kumar and others' pending in the Court of District and Sessions Judge, Fatehabad to the Court of District and Sessions Judge, Chandigarh, where the appeals filed by the accused have been transferred vide orders of this Court in CRM No.M-41697 of 2013 and CRM No.M-30699 of 2014.

Notice of motion was issued and learned State counsel appeared and contested the petition. However, none appeared on VINEET GULATI 2016.04.22 15:53 I attest to the accuracy and authenticity of this document Chandigarh

CRM No.M-38030 of 2014 -2behalf of respondent No.2. Learned counsel for respondents No.3 to 11 was appearing earlier but today none appeared on behalf of respondents No.3 to 11.

I have heard learned counsel for the petitioner as well as learned State counsel and have gone through the record. It is admitted at the time of arguments that the appeals arising out of the same judgment filed by the accused have already been transferred by this Court to the Session Court, Chandigarh from Session Court, Fatehabad. The petitioner, who is the complainant, has also filed the appeal qua the same judgment, which is pending at Fatehabad. As the connected appeals filed by the accused qua the same judgment, have already been transferred, therefore, in the interest of justice, the appeal filed by the complainant which is pending at Session Court, Fatehabad, is to be transferred at Session Court, Chandigarh.

Therefore, finding merit in the present petition, the same is allowed. The Criminal Appeal No.619 of 2013 titled as 'Gaurav Bansal vs. Ravi Kumar and others' is transferred to the Courts at Chandigarh. The parties are directed to appear before learned Sessions Judge, Chandigarh on 25.04.2016, who will entrust the appeal to the Court, where the connected appeals are already pending, for disposal as per law.

April 01, 2016 (INDERJIT SINGH) Vgulati JUDGE VINEET GULATI 2016.04.22 15:53 I attest to the accuracy and authenticity of this document Chandigarh