HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ****

Reserved on 22.01.2025 Pronounced on 17.03.2025 ****

Baljit Singh & Ors. ... Petitioners VS.

State of Punjab ... Respondent ****

CORAM: HON’BLE MR.JUSTICE SANDEEP MOUDGIL ****

Present: Mr. Chetan Mittal, Sr. Advocate with Mr. Mayank Mittal, Advocate, Mr. Harish Chhabra, Advocate and Mr. Abhishek Sanghi, Advocate for the petitioner (s).

Mr. Baltej Singh Sidhu, Sr. Advocate with Mr. Divij Datt, Advocate and Mr. Jashandeep Sidhu, Advocate for the petitioner (s) in CRM-M Nos.5611, 5014, 5005, 4757 of 2024.

Dr. Anmol Rattan Sidhu, Sr. Advocate with Mr. Pratham Sethi, Advocate and Mr. Kanishk Swaroop, Advocate for the petitioner(s) in CRM-M Nos. 24794, 24813 of 2024.

Mr. Rajesh Sehgal, Addl. AG Punjab with Mr. Jaspal Singh Guru, AAG Punjab Mr. Imran Singh Khara, Advocate for the complainant ****

Sandeep Moudgil, J. (Oral)

1. This order of mine shall dispose of together the bunch of petitions bearing Nos. CRM-M-2770, 4757, 5005, 5611, 5014, 24794, 24813- 2024 involving similar set of facts and identical question and as such CRM- M-2770-2024 titled as Baljeet Singh and ors. vs. State of Punjab is taken up as the lead case.

2. In the instant petition invoking the jurisdiction of this court under section 407 read with Section 482 CrPC, the trial proceedings are sought to be transferred in the above-said petitions, wherein FIR No.98 dated 03.07.2016 was registered at P.S. Dayalpura, Bathinda under Sections 295-A, 120-B of IPC with the trial pending in the Court of learned Judicial Magistrate First Class, Phul, District Bathinda to the Court of learned Judicial Magistrate First Class, Chandigarh.

Question to be answered

3. Whether the facts and circumstances involved herein warrant for this Court to exercise its jurisdiction under Section 407 Cr.P.C., to transfer the trial from the Court of learned Judicial Magistrate First Class, Phul, District Bathinda to the Court of Judicial Magistrate First Class, Chandigarh.

Factual Matrix

4. Brief facts as put forth by the prosecution in the petitions in hand could be gathered from the version narrated in FIR No.98 dated 03.07.2016 was registered at Police Station Dayalpura, Bathinda under Sections 295-

A/120-B IPC, which reads under:-

“Sir, brief facts of the case are that on 03.07.2017, ASI Inderjit Singh along with HC Jaswinder Singh 1543, HC Paramjit Singh No. 1362, Ct. Labh No. 2074 were present at village Bhagta Bhaika in connection with patrol duty, where Gurucharan Singh vice President Gurudwara Mahil Sahib came present and got recorded his following statement:

.Statement of Gurucharan Singh, Vice President, Gurudwara Mahil Sar Sahib, son of Shri Nihal Singh, Jatt resident of Fafra Patti, Bhagta Bahika, Mobile No. 94177- 55408. Stated that I am vice President in Gurudwara Mahil Sahib, Bhagta Bhaika. On

18.06.2016, at about 08:30 o'clock, Rajinder Singh son of Hardayal Singh Mistri, resident of *Bhagta Bhaika came present and informed me that parts of 5th Granthi are lying spread over towards the back gate (short gate) of Gurudwara i.e. in front of house of Rachlipal Singh Fauji as also in the narrow street. Thereafter, I along with him went to the spot and collected the desecrated parts of Gurbani and then put the same in the heaven (Sachkhand) with due humanity. Since, the president of Gurudwara was out of station, that being so, we did not give any intimation of this incident to anyone. The unknown person while religious sentiments. Strict legal action be taken against the said miscreants. The statement has been got recorded read over to me and after admitting the same to be correct, appentled his signature on the same in Punjabi. The same was attested by Inspector Indrjit Singh. From the aforesaid statement, offence U/s 295-A and 120-B of Indian Penal Code is found to have been committed. Accordingly, for registration of an FIR in the matter against unknown persons, a tehrir was sent to the police station through Ct. Labh Singh and the investigation was