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2020 Supreme(SC) 674

HRISHIKESH ROY
Jatinderveer Arora – Appellant
Versus
State of Punjab – Respondent


Advocates Appeared:
For the Appellant :Monalisa Kosaria, B. Shravanth Shanker, Advocates
For the Respondent:Jaspreet Gogia, Karanvir Gogia, Shivangi Singhal, Advocates

JUDGMENT

Hrishikesh Roy, J.

These petitions are filed under Section 406 of the Code of Criminal Procedure, 1973 (for short "the CrPC") read with Order XXXIX of the Supreme Court Rules seeking transfer of Trial of criminal cases pending before the Courts at Bhatinda, Moga and Faridkot districts to competent Court in Delhi or to any nearby State, out of Punjab.

2.1 Mr. Ranjit Kumar, the learned Senior Counsel for the petitioners submits that as the matters relate to alleged sacrilege of the holy book, Shri Guru Granth Sahibji in different places in Punjab, deep anguish and bitterness is generated amongst a particular religious group, who form majority of the population in the State of Punjab and therefore the accused who are members of the Dera Sacha Sauda sect, are facing bias and prejudice and are unlikely to get a fair trial in the face of strong presumption of culpability.

2.2 According to the petitioners, the situation in Bhatinda and other places is communally surcharged where, fair trial is a near impossibility. In support of such contention, the Senior Counsel refers to the m


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