Raj Kumar v. Shamsher Singh

TA No. 748 of 2016 1

IN THE HIGH COURT OF PUNJAB AND HARYANA HIGH

COURT AT CHANDIGARH.

TA No. 748 of 2016 Date of Decision: November 23, 2016.

Raj Kumar ....Petitioner

Versus

Shamsher Singh .....Respondent

CORAM:

HON'BLE MR.JUSTICE RAJAN GUPTA

Present:

Mr.S.S.Chhokar, Advocate for the petitioner.

Mr.Siddharth Sanwaria, DAG, Haryana Rajan Gupta, J (Oral) Petitioner has sought transfer of injunction suit from the civil court at Hansi, District Hisar to any other court in the State of Haryana. According to him, petitioner is facing threats in the court at Hansi and thus no lawyer is ready to appear for him. A F.I.R was also lodged regarding an incident which took place on 23.5.2016. However, challan has not been filed as yet. At the outset, learned State counsel submits that two persons have been arrested pursuant to lodging of FIR and investigating agency is likely to complete the investigation and submit its final report before the competent court shortly. Keeping in view the nature of various allegations levelled, this court had sought the report from District & Sessions Judge, Hisar who in turn asked the Civil Judge (J.D), Hansi to apprise him about the matter. Both reports have been seen. According to same, Advocate-Shamsher

TA No. 748 of 2016 2 Singh Chhokar (who represents the petitioner in the instant petition as well) is appearing for the defendant namely, Raj Kumar. Civil Judge, Hansi found that there is no substance in the allegations levelled by the petitioner and that court is discharging its judicial function without fear or favour. Under the circumstances, I find no ground to transfer the case from the court at Hansi to any other court in the State of Haryana. Dismissed.

(Rajan Gupta) Judge November 23, 2016.

BB Whether speaking/reasoned Yes/No Whether reportable: Yes/No