GURDEV SINGH AND OTHERS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner have approached this Court under Section 407 read with Section Cr.P.C. 482 for transfering the case arising from F.I.R. No. 73 dated 12.7.1998 under Sections 406/498-A/I.P.C. at Police Station 'B' Division, Amritsar pending before the Judicial Magistrate 1st Class, Amritsar to another Court of competent jurisdiction at Chandigarh or in any place in Haryana.

(2.) The complaint against the petitioners was lodged by Mandeep Kaur on the basis of which F.I.R. in question has been registered under Sections 406/498-A I.P.C. The case is now pending before the Judicial Magistrate 1st Class, Amritsar. The contention of the petitioners is that the petitioners have been granted bail in anticipation of arrest by this Court. The petitioners also claim that the complainant has filed a petition against 1st petitioner (who is her husband) under Section 125 Cr.P.C. which was fixed on 2.8.1999. According to the petitioners, since they had to appear before the Magistrate in the criminal case and also furnish the bail bonds, and since the case under Section 125 Cr.P.C. was also fixed on 2.8.1999, the petitioners were going to Amritsar, but on 2.8.1999, the vehicle of the petitioners was stopped a little ahead of the Beas Town by Avtar Singh, the father of the complainant, Hari Singh, brother of the complainant and others who were armed with fire arms. The petitioners claim that they were threatened with death in case they entered Amritsar. According to the petitioners a report was given by the 1st petitioner-Gurdev Singh at Police Station, Beas on the basis of which D.D.R. No. 30 dated 2.8.1999 has been registered. The petitioners also claim that the father of the complainant is a notorious person against whom F.I.R. No. 130 dated 2.4.1983 had been registered under Sections 302/34 I.P.C. and sections 25/54/59 of the Arms Act at Police Station 'B' Division, Amritsar, and also F.I.R. No. 59 dated 23.6.1996 under Sections 307, 324, 148, 149 I.P.C. read with sections 25/27/54/59 of the Arms Act at Police Station 'B' Division, Amritsar. Therefore, the petitioner seek transfer of the case arising from F.I.R. No. 73 dated 12.7.1998 referred to above from the Court of Judicial Magistrate 1st Class, Amritsar to a Court at Chandigarh or in the State of Haryana. The petitioners also claim that subsequently on 23.8.1999, when the case was fixed before the Court, father of the complainant and 25 persons armed with fire arms were present in the Court Complex, and the petitioners could put in appearance before the Court only with the help of the police officials.

(3.) Notice of this application was issued to the Advocate General, Punjab and also to the complainant. The State has not filed any reply. But reply has been filed by the complainant opposing this application. The complainant has admitted about the cases mentioned in paras 16(a) and 16(b) of the petition, i.e. cases under Section 302 etc. of the I.P.C. and section 307 etc. of the I.P.C. registered against the father of the complainant, but has only stated that those cases have been compromised between the parties. The complainant has however denied that her father is involved in a number of criminal cases. According to the complainant, a false report has been made to create evidence, and that the allegation that the vehicle of the petitioners was stopped on 2.8.1999 by the complainant and others at Beas Town, is false.