ROHINI JAIN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is a petition under Section 407 Cr.P.C., for transfer of case FIR No. 120, dated 26.08.2007 registered under Section 2(i), 3, 5, 21 and 36 of Punjab Apartment and Property Regulation Act, 1995 at Police Station Mehna, District Moga pending in the Court of Judicial Magistrate First Class, Faridkot to any Court in District Moga. The FIR was originally registered at Police Station Mehna, District Moga and the challan was also presented in the Court of competent jurisdiction at Moga by the prosecution agency.

(2.) It is averred in the petition that on account of the political scenario at that time, no senior counsel was ready to contest the case of the petitioners as such on their request the District & Sessions Judge, Faridkot had transferred the case from the Court of Judicial Magistrate First Class, Moga to the Chief Judicial Magistrate, Faridkot vide order dated 20.03.2010. It is claimed that the prosecution agency has already concluded its evidence and the case is fixed for defence evidence. On account of change of circumstances, the petitioners are now able to engage senior counsel to contest the case in District Moga.

(3.) On the instructions of ASI Jagjit Singh from Police Station Mehna, District Moga, Mr. A.S. Jattana, Addl. AG, Punjab, submits that since the evidence of the prosecution stands concluded, it will not be inconvenient for the prosecution to proceed with the said case at Moga. Rather, it would be convenient for the prosecution agency to effectively prosecute the petitioners at Moga.