SHAM SUNDER Vs. STATE OF HARYANA

JUDGEMENT

(1.) PETITIONERS who are the accused in F.I.R. No. 141 dated 22.6.1998 of Police Station Sadar, Tohana registered under Sections 323, 324, 326 and 34 I.P.C. have approached this Court under Section 407 read with Section 482 Cr.P.C. for transfer of the case arising from the above said F.I.R. from the Court of Judicial Magistrate 1st Class, Tohana to some other district like Kurukshetra, Karnal and Ambala.

(2.) THE allegations are that when the petitioners came out of the Court of the Judicial Magistrate Ist Class, Tohana on 23.9.1999, they were threatened by Jagdish, Arjun Dass, Lachhman Dass, Ram Chander, Narender Arjun Dev and Bitu to compromise, and that otherwise, the petitioners will be done to death. The further allegation is that on 30.4.1999 also, the above said persons said that the Ist petitioner is alone and he should be forced to compromise, about which an application has been given to J.M.I.C., Tohana (copy annexure P-3). According to the petitioners, time and again Lachhman Dass and others are forcing the petitioners to compromise and that the application given to the J.M.I.C. has been forwarded to the S.H.O., Police Station City. The petitioners claim that even when they were going to the police station, they were threatened by Lachhman Dass and others. The petitioners also allege that on 2.7.1999, when they went to Court, Lachhman Dass, Arjun Dev and others surrounded them and forced them to compromise by threatening that they will be done to death, about which representation has been given to the S.P., Fatehabad and D.S.P., Tohana (copy annexure P-4). According to the petitioners, their life is in danger and they are facing lot of problems to go to Tohana, a place situated at a distance of 200 kilometres. The petitioners claim that therefore, it is not possible for them to contest the case against them at Tohana, because all these persons who are influential, do not allow the petitioners to appear in the case. The petitioners claim that Lachhman Dass, Arjun Dev and others, being influential persons, have say with the police, and the petitioners apprehend that if they go to Tohana, they may be implicated in a false case.

(3.) THE 2nd respondent-complainant has filed a reply alleging among other things that this petition has been filed simply to delay the proceedings. He has alleged and that since he (Des Raj) was given injuries by the petitioners, and being afraid that he would be killed if he does not compromise, he had left his job with Lachhman Dass on 8.8.1998, and is working with the Model Town Welfare Association. According to the complainant, the dispute between the petitioners and Lachhman Dass has no concern with the present case and no incident as alleged took place on 13.4.1999. He also claims that there is no allegation that any incident as alleged by the petitioners took place at the instance of Des Raj. According to the complainant, the petitioners who are rich and influential landlords, are pressurising him to compromise the matter.