RAJESH KOHLI Vs. STATEUNION TERRITORY OF CHANDIGARH

JUDGEMENT

(1.) Rajesh Kohli, a practising lawyer in the District Courts, Chandigarh and facing trial under Ss. 456, 467 and 468 of the IPC before the Chief Judicial Magistrate, Chandigarh, seeks transfer of the case registered against him vide FIR No. 25 dated January 27, 1994, in this petition filed by him under S. 407 of the Code of Criminal Procedure.

(2.) The only question that requires determination is as to whether there is actually an apprehension based upon cogent grounds in the mind of the petitioner that he will not get fair trial, as is his case, or that he is making grounds to delay the matter, there being no cogent ground for transfer available to him by coining even instances which are nothing but figment of his imagination, as is the case of the respondent-U.T., Chandigarh. Before the matter is discussed any further, it shall be relevant to mention brief facts culminating into filing of this petition.

(3.) An FIR bearing No. 25 dated January 27, 1994 pertaining to Police Station Central, under Ss. 466, 467, 468, IPC came to be registered against the petitioner with the broad allegations that in a petition for divorce by mutual consent of that parties between Shashi Kant Vohra., his brother-in-law, and Smt. Pratibha Vohra, his sister, he altered some part of the petition for mutual divorce without the permission of the Court. The FIR came to be registered on a complaint lodged by Ms. Kusum Lata, Copy Clerk which was addressed to the District and Sessions Judge, Chandigarh and reads as follows :-