MADAN LAL @ BALWANT SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) IN this petition under section 407 read with Section 482 Cr.P.C., the petitioner seeks transfer of the trial proceedings arising out of FIR No. 316 dated 10.3.1998 under sections 420, 511, 467, 468, 471, 379, 120-B IPC, registered at Police Station City Karnal, which are pending in the court of Shri Vijay Singh learned Judicial Magistrate First Class, Karnal, to a court of competent jurisdiction outside the State of Haryana.

(2.) THE facts may be noticed briefly.

(3.) IT appears that during the course of investigation, a report from the Forensic Science Laboratory at Madhuban was obtained to ascertain genuineness of the signatures of the lessor (Rishi Pal Arya) on the lease deed in dispute and as per the report given by one Gulshan Rai, Assistant Director, FSL, Madhuban, the signatures were found to be genuine. Relying upon the said report, the investigating agency presented a cancellation report against which the petitioner filed his protest petition. The petitioner's objections were accepted by the learned Judicial Magistrate to the extent that re- investigation was directed. The investigating agency, however, again filed a cancellation report, which was objected to by the petitioner. The learned Judicial Magistrate finally accepted the petitioner's objections and vide order dated 23.3.2006 (Annexure P-4), summoned the accused persons to face trial.