GHEESA RAM Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) HEARD .

(2.) THIS petition under Section 407 of the Code of Criminal Procedure has been filed by the Petitioner, Gheesa Ram, for the transfer of the case FIR No. 3 dated 14.1.2007 registered under Section 342, 323 read with Section 34 IPC in Police Station Sardulgarh, and cross complaint titled as " Abhey Ram v. Gheesa Ram" filed under Sections 452, 323, 506 read with Section 34 IPC arising out of the same set of facts, from the Court of Judicial Magistrate, Sardulgarh to some other Court of competent jurisdiction out side the District of Mansa.

(3.) ALONG with the petition, a copy of the Resolution, passed by the Bar Association on 12.5.2009, has been filed. The Bar Association passed the Resolution to the effect that the case so got registered against Respondent No. 2 was false and till the cases registered against that Advocate are not returned, the work would remain suspended for indefinite period in the Court Complex. The passing of such Resolution is bound to raise apprehension in the mind of reasonable person that he would not get justice at Sardulgarh. The apprehension of the Petitioner that he will not get justice from that Court, is well founded. Fair and impartial trial is not possible in the Court at that place.