LAL SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is a petition under section 407 of the Code of Criminal Procedure for transferring case FIR No. 55, dated 24-2-1989 under Section 353/352/306 IPC against the petitioner from the Court fo Chief Judicial Magistrate Kurukshetra to some other Court in another district in the State. The petitioner, who is a Head Constable of Police, was working in the Court as Naib Court at the time of occurrence. The present case appears to have been registered against him at the instance of one T.D. Khetarpal, Assistant District Attorney. According to Mr. Khetarpal, the petitioner abused him and give him slaps and blows with his belt on 24-2-1989 at about 9.58 A.M. The case is pending trial in the Court of Chief Judicial Magistrate, Kurukshetra. The main ground seeking transfer is that various officers of the prosecuting agency i.e. Assistant District Attorney, Deputy District Attorney and even the District Attorney have joined hands to seek conviction of the petitioner and he therefore, entertained reasonable apprehension that he will not get justice from the Court. In this connection, reliance has been placed on a written order dated 6-4-1989 passed by Shri Gulab Singh Dhankhar, District Attorney, Kurukshetra specially deputing Mr. Ashok Ahlawat, Deputy District Attorney to appear on each date of hearing in the Court of Chief Judicial Magistrate, Kurukshetra to prosecute the aforesaid case against the petitioner. It is not disputed that ordinarily the Assistant District Attorney who is inferior to the Deputy District Attorney and District Attorney appears in the Court of Chief Judicial Magistrate. A copy of the order passed by Mr. Gulab Singh Dhankhar has been annexed with the petition.

(2.) NO reply has been filed by the State. After hearing the learned counsel for the parties, I find that it is a fit case for transfer. Accordingly, the case is transferred from the Court of Chief Judicial Magistrate, Kurukshetra to Chief Judicial Magistrate, Karnal. The records of the case will be sent by the trial court to the transferee Court. The parties are directed through their counsel to appear before the transferee Court on 8-2-1991. Order accordingly.