BALJIT SINGH vs THE STATE OF PUNJAB - 2024-01-04

ORDER

TRANSFER PETITION (CRIMINAL) NO. 377/2023 Heard learned counsel appearing for the parties.

The prayer of the petitioners in Transfer Petition(Criminal) No. 377 of 2023 is for transfer of a proceeding registered as CHI No. 5 of 2019, titled as “State of Punjab Vs. Baljeet Singh & Ors.”(subject-case), pending in the Court of Judicial Magistrate 1st Class, Phul, District Bathinda, Punjab to the Court of Judicial Magistrate 1st Class, Criminal Courts, Chandigarh.

Mr. Basant, learned senior counsel appearing for the petitioners has relied on an earlier judgment of this Court transferring a batch of cases containing allegations similar to the one which forms the basis of the aforesaid case. The said judgment was delivered on 28th February, 2023 in Transfer Petition (criminal) No. 284 of 2020, which was heard along with three other transfer petitions.

But in the set of petitions in which the aforesaid judgment was delivered, the petitioners sought transfer of the respective cases to a Court of Competent Jurisdiction in Delhi, outside the State of Punjab.

In the present petition, transfer of the subject-case is asked for from a Court subordinate to the Punjab and Haryana High Court at Chandigarh to another Court having the same status, i.e. subordinate to the Punjab and Haryana High Court. In our opinion, the petitioners ought to apply before the jurisdictional High Court in terms of Section 407 of the Code of Criminal Procedure, 1973 for the reliefs claimed in this petition.

The present petition stands disposed of with the aforesaid observation.

We also make it clear that if such an application is made before it, the High Court shall apply its mind independently in such petition for transfer and not be influenced by any earlier order passed, before the aforesaid judgment was delivered by this Court.

Pending application(s), if any, shall also stand disposed of.

TRANSFER PETITION (CRIMINAL) NO.380/2023; TRANSFER PETITION (CRIMINAL) NO.378/2023; TRANSFER PETITION (CRIMINAL) NO.382/2023; TRANSFER PETITION (CRIMINAL) NO.381/2023 and TRANSFER PETITION

(CRIMINAL) NOS. 384-386/2023 The order passed in transfer petition(criminal) No. 377 of 2023 shall guide the rest of these petitions. The petitioners in these proceedings shall also be at liberty to apply before the Punjab and Haryana High Court at Chandigarh for transfer of the respective cases/appeals, which form subject-matter of this set of petitions.

These transfer petitions also stand disposed of with the same observation(s).

Pending application(s), if any, shall stand disposed of.

…………………………………………………...J.

[ANIRUDDHA BOSE]

…………………………………………………...J.

[SANJAY KAROL]

NEW DELHI;

JANUARY 04, 2024.

ITEM NO.2 COURT NO.5 SECTION II-B S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Transfer Petition (Criminal) No. 377/2023 BALJIT SINGH & ORS. Petitioner(s)

VERSUS THE STATE OF PUNJAB Respondent(s)

(IA No. 105453/2023 - EX-PARTE STAY IA No. 105454/2023 - EXEMPTION FROM FILING O.T.)

WITH T.P.(Crl.) No. 380/2023 (II-B)

(IA No. 105503/2023 - EX-PARTE STAY IA No. 105504/2023 - EXEMPTION FROM FILING O.T.)

T.P.(Crl.) No. 378/2023 (II-B)

(IA No. 104884/2023 - EX-PARTE STAY IA No. 104885/2023 - EXEMPTION FROM FILING O.T.)

T.P.(Crl.) No. 382/2023 (II-B)

(IA No. 105726/2023 - EX-PARTE STAY IA No. 105727/2023 - EXEMPTION FROM FILING O.T.)

T.P.(Crl.) No. 381/2023 (II-B)

(IA No. 105700/2023 - EX-PARTE STAY IA No. 105703/2023 - EXEMPTION FROM FILING O.T.)

T.P.(Crl.) No. 384-386/2023 (II-B)

(IA No. 105922/2023 - EX-PARTE STAY IA No. 105925/2023 - EXEMPTION FROM FILING O.T.)

Date : 04-01-2024 These matters were called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE ANIRUDDHA BOSE HON'BLE MR. JUSTICE SANJAY KAROL For Petitioner(s) Mr. R. Basant, Sr. Adv.

Mr. R. Basant, Adv.

Mr. N. Sai Vinod, AOR Mr. Keval Singh Brar, Adv.

Ms. Prerna Robin, Adv.

For Respondent(s) Ms. Rooh-e-hina Dua, AOR Mr. Harshit Khanduja, Adv.

Mr. Umang Mehta, Adv.

Mr. H.s.phoolka, Sr. Adv.

Mr. Jagjit Singh Chhabra, AOR Mr. Saksham Maheshwari, Adv.

UPON hearing the counsel the Court made the following

O R D E R

The present petitions stand disposed of in terms of the signed order which is placed on the file.

Pending application(s), if any, shall stand disposed of.

(SNEHA DAS) (VIDYA NEGI)

SENIOR PERSONAL ASSISTANT ASSISTANT REGISTRAR