BARINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The hearing of the petition has been conducted through Video Conferencing.

(2.) Instant petition has been filed by the petitioner for issuance of a writ in the nature of certiorari seeking quashing of impugned order dated 20.04.2021 (Annexure P-2) passed by respondent No.2 in so far as the petitioner has been transferred from Ludhiana (Rural) to Khanna.

(3.) Counsel for the petitioner has submitted that the impugned transfer order has been passed in compliance of interim order dated 15.03.2021 (Annexure P-l) passed in CWP No.12011 of 2020, Surjit Singh versus State of Punjab and others, by this Court whereby it has been directed that no Police Officer shall be posted in any District where he is being tried in a criminal case. Counsel contends that the petitioner, who is working as a Constable has been named as an accused in FIR No.2 which has been lodged on 03.01.2020 (Annexure P-3) for offences under Sections 341, 323, 279, 427 of the Indian Penal Code, 1860 at P.S. City Jagraon, District Ludhiana (Rural), is yet to face trial as even the challan has not been presented. He urges that, in any case, there is an amicable settlement and a panchayati compromise dated 05.02.2020 (Annexure P-4) has been arrived at between the parties and the FIR stands settled. It is his argument that the parents of the petitioner are suffering from age related ailments and his father who is a heart patient, is taking treatment from DMC, Ludhiana and the transfer of the petitioner will result in hardship.