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2009 Supreme(SC) 1088

J. M. PANCHAL, K. G. BALAKRISHNAN, P. SATHASIVAM
Capt. Amarinder Singh – Appellant
Versus
Prakash Singh Badal – Respondent


Advocates appeared:
For the Appellant :Altaf Ahmed, P.S. Narasimha, Sr. Advs., Gaurav Agrawal, Abhijit P. Medh, Advocates.
For the Respondents:Harish N. Salve, Ashok Desai, Dr. Rajiv Dhavan, Ravi Shanker Prasad, C.S. Vaidyanathan, Sr. Advs., Vikram Chaudhari, Nikhil Jain, Ms. Aparajita Singh, Madhur Seth, D. Mahesh Babu, Ajay Pal, Mrs. Jaishree Anand, Ajay Bansal, Kuldip Singh, Gagan Deep Sharma, Sunil Kumar Jain, Advocates.

JUDGMENT

P. Sathasivam, J.—

1. These two transfer petitions have been preferred under Section 406 of the Code of Criminal Procedure, 1973 seeking transfer of the case titled as “State of Punjab vs. Prakash Singh Badal and Ors.” relating to FIR No. 15 dated 24.06.2003 filed under Sections 420, 467, 468, 471 and 120-B of the Indian Penal Code, 1860 read with Sections 7,8,9,10, 13 (1) and (2) of the Prevention of Corruption Act, 1988 pending in the Court of Special Judge, Ropar to any other suitable Court of competent jurisdiction in New Delhi.

2. Capt. Amarinder Singh is the petitioner in Transfer Petition No. 235 of 2008. M/s Jeet Mohinder Singh, Sukhpal Singh, Gurpreet Singh and Mangat Ram Bansal who are all members of Legislative Assembly are the petitioners in Transfer Petition No. 179 of 2008. Respondent Nos. 1 to 10 are the accused in the case relating to FIR No. 15 and 11th Respondent is the State of Punjab. Since, facts are common in both the transfer petitions, we propose to dispose of the same by this common judgment. For convenience, reference to parties will be as arrayed in Transfer Petition No. 235 of 2008.

3. Brief facts, as stated in the Transfer Petition No. 235 of

























































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