AMAR SINGH Vs. SATYA DEVI

JUDGEMENT

(1.) SESSIONS Judge, Faridkot, on December 2, 1989 dismissed two applications for transfer of cases from Moga to Faridkot. This order is being challenged in this revision petition by Amar Singh, the husband.

(2.) SATYA Devi wife of the petitioner filed an application under Section 127 of the Code of Criminal Procedure as well as under Section 125 of the Code of Criminal Procedure. Earlier, maintenance for her and two minor daughters was fixed at Rs. 180/- per mensem. Subsequently, on February 3, 1988, the maintenance was enhanced. Rs. 160/- per mensem were allowed to Satya Devi and Rs. 60/- each to two of the minor daughters. The petitioner applied for the transfer of the aforesaid two cases from Moga inter alia on the allegations that father and brother of the respondent, who are running a canteen in the Court premises and were catering to the Court as well as to the Police Station situated nearby were threatening him and on occasions he was threatened by the Police in this case. Although the allegations were denied before the Sessions Judge at the time of arguments orally, however, after hearing Counsel for the parties, I find it is a fit case where the petitioner may have reasonable apprehension in his mind that he will not be able to prosecute his cases at Moga. After discussion with the Counsel for the parties, it is considered appropriate that the two cases ; one under Section 127 of the Code of Criminal Procedure and the other under Section 125 of the Code of Criminal Procedure be transferred from the Courts of two Magistrates at Moga to Judicial Magistrate I Class at Faridkot. No doubt, the petitioner will have to travel from Kapurthala to Faridkot, however, he is agreeable to the same and Faridkot would be at a short distance from Moga. Learned Counsel for the respondent has stated that the petitioner has not paid arrears of enhanced maintenance. To this Counsel for the petitioner undertakes that arrears, if any, would be paid within two months. With these undertakings as given by the Counsel, this revision petition is allowed. Order of the Sessions Judge is modified and the two cases referred to above stand transferred to the Court of Chief Judicial Magistrate, Faridkot. Parties through their Counsel are directed to appear there on July 23, 1990. The Chief Judicial Magistrate will expedite the disposal of these cases. Order modified.