HIMMAT SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) This petition is filed for transfer of a private complaint dated 23.2.2006/24.12.2010 pending before Judicial Magistrate Ist Class, Rajpura, to the Court of Additional Sessions Judge at Patiala, where the police case on the basis of FIR concerning the same incident is pending for trial. Additional Sessions Judge is trying a case on the basis of FIR No.59, dated 2.4.2005, where challan has been presented under Section 306 IPC. Prayer is not only for transfer of the complaint case but for setting-aside the order dated 14.10.2011, whereby the prayer of the petitioner for leading additional evidence is declined by Additional Sessions Judge.

(2.) At the outset, counsel for the petitioner was asked to show as to how he can claim relief of setting-aside order declining his prayer for leading additional evidence in this petition. Order declining the prayer for leading additional evidence may be a revisable order. Counsel for the petitioner then give up the prayer for setting-aside the order passed by the Sessions Court, declining his prayer for leading additional evidence. The counsel has then pressed hard his prayer for transfer of the complaint case to the Court of Additional Sessions Judge for being tried with the FIR case.

(3.) The case relates to an incident of unnatural death of Satpal Kaur daughter of the petitioner, who was married to respondent No.1. Her dead body was recovered from Bhakra Canal. FIR was lodged in this regard on 2.4.2005 under Sections 306/34 IPC. The police, after investigation, presented a challan and the case is accordingly being tried by Additional Sessions Judge, Patiala. Unsatisfied with the investigation, the petitioner has filed a complaint under Section 200 Cr.P.C. against the respondent-accused under Section 302 IPC. The petitioner has led evidence in support of his complaint and the case is now pending for 27.1.2012 for summoning of the accused.