Rajinder Singh v. Gursahib Singh Brar And Others

116+202

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-6064-2022 in/and CRM-M-45918-2021 Date of decision: 28.02.2022 Rajinder Singh ....Petitioner

Versus

Gursahib Singh Brar and others

...Respondents

CORAM:

HON'BLE MR. JUSTICE PANKAJ JAIN Present :

Mr. Amaninder Preet, Advocate for the applicant/contesting respondent No.1. Mr. Deepak Gupta, Advocate for the non-applicants/petitioner.

(Proceedings through V.C.) PANKAJ JAIN, J. (ORAL) CRM-6064-2022 For the reasons mentioned in the application, the applicant/ respondent No.1 is permitted to place on record his reply by way of affidavit.

Registry to tag the same at appropriate place. Application stands disposed off.

CRM-M-45918-2021 This is a case where the petitioner seeks transfer of the Criminal Complaint filed against him under Sections 499, 500, 506 of the IPC bearing IPC Complaint No.58 dated 16.09.2020, CS No. COMI58/2020, titled as 'Gursahib Singh Brar vs. Rajinder Singh and others' pending in the Court of Ld. Judicial Magistrate, 1st Class, Moga. DEEPAK KUMAR 2022.03.02 16:48 I attest to the accuracy of this document

CRM-6064-2022 in/and -2CRM-M-45918-2021 ***** 2.

Primary contention of the petitioner relates to respondent No.1, who is stated to be a practicing laywer at District Courts of Moga and Faridkot. Counsel for the petitioner contends that owing to the aforesaid fact no Advocate from the District Bar, Moga is ready to accept the case of the petitioner.

3.

Counsel for respondent No.1 at the outset very fairly states that though the factual assertion made by the petitioner is innuendo in nature, yet in order to allay the fears of the petitioner, respondent No.1 has no objection if the matter is transferred to any other Court except Faridkot or Moga, where the petitioner is reluctant to appear.

4.

The Court finds the offer made by counsel for respondent No.1 to be fair.

5.

With the consent of both the parties and without going into the allegations levelled by the petitioner, the present Complaint No.58 dated 16.09.2020, CS No.COMI-58/2020, titled as 'Gursahib Singh Brar vs. Rajinder Singh and others' pending in the Court of Ld. Judicial Magistrate, 1st Class, Moga, is ordered to be transferred to the Court of Competent Jurisdiction at Bathinda. The Parties are directed to appear before the learned Chief Judicial Magistrate, Bathinda on 14.03.2022, who may thereafter allocate the same to a competent Court. 6.

The petition stands disposed off.

February 28, 2022 (PANKAJ JAIN) Dpr JUDGE Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No DEEPAK KUMAR 2022.03.02 16:48 I attest to the accuracy of this document