NACHATTAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Prayer in this petition is for transfer of case pending before the Court of Chief Judicial Magistrate, Mansa in FIR No.64 dated 12.3.2004 registered under Sections 382/506/323/34 of the Indian Penal Code at Police Station City, Mansa, to the Sessions Division, Bathinda.

(2.) Counsel for the petitioners contends that in view of the serious rivalry between the petitioners and other members of the truck union, the petitioners have had to shift their residence from Mansa to Patiala. They are unable to enter Mansa for fear of the complainant and other members of the truck union. It is further contended that in this view of the matter, the petitioners are being seriously prejudiced, in their defence during the trial. It is contended that in two other cases, this Court has already transferred the trial against petitioner no.1 from Mansa to Bathinda.

(3.) Counsel for the State of Punjab, on the other hand contends that apprehensions of the petitioners are fanciful. The petitioners have never made any complaint to the police authorities, as regards any harassment and therefore, their contention that they are not permitted to enter Mansa is incorrect. It is, however, contended that in case this Court decides to transfer this case, the State would have no objection. I have heard learned counsel for the parties and perused the record.