KRISHAN KUMAR LAMBA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS Petition which purports to have been filed by Smt. Krishan Kumari Lamba under Section 407 of the Code of Criminal Procedure, 1973, seeking transfer of Sessions case No. 12 of 21.2.1983 arising out of the First Information Report No. 287 dated 14.12.1982 registered at Police Station Civil Lines, Patiala, under Sections 302/353/333/186, Indian Penal Code, pending before Shri P.C. Singh, Additional Sessions Judge, Patiala, to any other Court of competent jurisdiction in any other State on the grounds that the whole of the Income Tax Department, including its highest officers in the hierarchy are set against the petitioner's husband, who allegedly murdered J.P. Sharma, Income Tax Inspector, Patiala, and that they have threatened the petitioner that if any counsel agreed to defend her husband, then his premises may be raided and false cases would be registered against him by the Income -Tax Department. The petitioner alleged that she finds it exceedingly difficult to get an Advocate of her choice to defend her husband and that she has approached several Advocates at Patiala but nobody is taking up this murder case in order to defend her husband. She has also sworn an affidavit in support of these allegations.

(2.) AFTER hearing the parties, counsel, I am convinced that the very object and purpose of criminal jurisprudence would be defeated or frustrated if the petitioner's husband is compelled to get his case tried at Patiala. The petitioner has categorically stated that she could not secure the services of any good Advocate at Patiala to defend her husband and she has sworn an affidavit to this effect. For these reasons, Sessions Case No. 12 of 21.2.1983 pending on the file of the Court of the Additional Sessions Judge, Patiala, is directed to be transferred to the file of the Sessions Judge, Ambala, for disposal in accordance with law. Order accordingly.