AMRIK KAUR Vs. STATE OF PUNJAB AND ANOTHER

JUDGEMENT

(1.) This order shall dispose of two petitions bearing Crl. Misc. Nos. M-27475 and 27477 of 2014 as the issue involved in both the cases is with regard to transfer of cases pending between the same parties. However, for the sake of convenience, the facts are being extracted from Crl. Misc. No. M-27475 of 2014.

(2.) The present petition has been filed under Section 407 read with Section 482 Cr.P.C. for transfer of criminal case titled as State Vs. Amrik Kaur and others in case FIR No. 65 dated 14.7.2013 registered under Sections 306/304-B IPC at Police Station Kahnuwan, Tehsil and District Gurdaspur pending before the Court of Sh. R.S. Rai, Additional Sessions Judge, Gurdaspur to be tried with criminal trial case titled State Vs. Sucha Singh and others in case FIR No. 83 dated 16.9.2011 registered under Section 306 IPC at Police Station Qadian, Tehsil Batala, District Gurdaspur being interlinked and interconnected.

(3.) Learned counsel for the petitioner contends that in both the cases, the parties are closely related to each other, therefore, it will be in the interest of justice as well as convenience of both the parties to transfer both the cases to either of the Court for trial. The prosecution witnesses as well as accused are related to each other and belong to same locality. It would avoid the inconsistency in the judgment and both the parties have no objection in case both the cases are heard by the same Court. He further submits that the application moved by the petitioner for transfer of trial to one Court was dismissed by learned Sessions Judge, Gurdaspur vide order dated 7.7.2014 without any justified reason. Learned counsel has also relied upon the judgments of Hon'ble the Apex Court in Monica Vs. Satish Sharma and another, 2009 4 RCR(Cri) 854and High Court of Gauhati in the case of Naba Welly and others Vs. State of Assam and another, 2000 LawSuit(Gau) 207, in support of his contentions.