JUDGMENT :

Sumeet Goel, J.

1. Present criminal miscellaneous petition on behalf of the accused is filed, seeking transfer of case bearing FIR No.90 dated 06.08.2017, registered under Sections 406/498-A of the IPC at Police Station City-II, Abohar, District Fazilka, Punjab, from Abohar to Chandigarh or any other District in State of Haryana.

2. Facts germane to the adjudication of the present case are that the marriage of the petitioner was performed with the sister of the complainant on 25.11.2008. After marriage, the parties were living at Bahadurgarh, District Jhajjar, Haryana. A female child was born out of their wedlock on 09.08.2010. Due to disputes between the couple the wife of the petitioner along with her minor daughter came to her parental home in Abohar, District Fazilka, Punjab. The wife of the petitioner made a complaint against the petitioner and her in-laws on 09.02.2017, in the office of DSP Abohar. The wife of the petitioner was diagnosed with blood cancer and was shifted to AIIMS, New Delhi on 15.02.2017, where unfortunately she died on 14.03.2017. The above-mentioned FIR subject matter of the present petition, was lodged against the petitioner in pursuance of the complaint made by the wife of the petitioner.

3. I have heard the counsel for the parties and have gone through the case records carefully.

4. The core of the grounds pleaded by the petitioner, seeking transfer of the trial in above-mentioned case out of District Fazilka, is that his brother-in-law, who is pursuing the case lodged by his deceased wife against him, is an advocate and an active member of the bar of Abohar, District Fazilka, where the case is pending. It is alleged that the brother-in-law of the petitioner (respondent No.2) is also the media correspondent of the local newspaper and the Ex-President of Youth Congress, Punjab and as such he succeeded in getting the above-mentioned FIR case lodged against the petitioner and his family. It is averred that respondent No.2 pressurized the Presiding Officer of the trial Court as well as learned Additional District Judge, Fazilka, and got the bail application of the petitioner dismissed in the case. It is averred that when the petitioner got the bail from this Court in the case, he was threatened by respondent No.2 that he will take the case up to the Hon'ble Supreme Court, and the entire family of the petitioner would not be spared. It is alleged that the respondent No.2 along with 4-5 muscle men threatened the petitioner and his brother by showing the pistol when they visited Abohar to appear in Court. Respondent No.2 along with his father tried to run over the petitioner with their vehicle at DSP Office, Abohar. It is alleged that a complaint dated 09.04.2021 to the police was made in this regard, a copy whereof is annexed as (Annexure P4) to the petition. It is averred that the father of the petitioner is suffering from several medical ailments and is not in a position to attend the Court at Abohar due to the long distance.

5. In reply to the petition on behalf of respondent No.2 the allegations levelled by the petitioner are all denied and it is submitted that the father of the petitioner visited the Abohar Court only once on 02.03.2021 and thereafter, he has never visited Abohar. As such it is submitted that the story put forth by the petitioner regarding the attempt by respondent No.2 to run over the petitioner and his father by vehicle at the DSP Office is false and concocted. It is submitted that it is highly improbable that the respondent No.2 will make such an attempt in the compound of the DSP Office. The allegations of the petitioner that he and his brother were threatened by showing the pistol are denied as being false and it is submitted that the brother of the petitioner is neither the accused nor a witness in the case, therefore, he never visited Abohar. It is pleaded that all the witnesses in the case are based at Abohar and in case the trial is transferred to a far-flung place, it