The High Court dismissed an application for transfer of a criminal complaint under Section 407 Cr.P.C., holding it premature due to a stay in a related quashing petition. The order grants liberty to file similar petitions later.
Liberty to file a similar petition subject to the final decision in CRM No. M-4319 of 2011.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM No. M-10216 of 2013 Decided on: 13.05.2013
Harbans Singh Randhawa
.... Petitioner
Versus
Simranjit Kaur
....Respondent
CORAM: HON'BLE MR. JUSTICE M.M.S.BEDI
Present: Mr. A.K.Jaiswal, Advocate for the petitioner.
M.M.S.BEDI, J. (Oral)
This is an application filed under Section 407 Cr.P.C. for transfer of the criminal complaint No.314/1/09 dated 12.11.2009 under Section 500 IPC from Jalandhar to Chandigarh.
Learned counsel for the petitioner submits that the petitioner is an old person of 79 years of age and is resident of Chandigarh.
It is not out of place to observe here that the petitioner has already filed petition bearing CRM No.M-4319 of 2011 for quashing of the said criminal complaint. In that petition, the further proceedings before the trial court have been stayed. Since the further proceedings have been stayed, it is not necessary for the petitioner to appear before the Court.
In view of the abovesaid circumstances, it is premature to decide this petition at this stage.
This petition is dismissed with liberty to file similar petition subject to final decision of CRM No.M-4319 of 2011.
(M.M.S. BEDI) JUDGE
13.05.2013 sonia
1 issue framed by the court
Whether the application for transfer of criminal complaint from Jalandhar to Chandigarh can be decided given the stay on proceedings in a quashing petition.
1 provisions across 1 enactments
Harbans Singh Randhawa
Simranjit Kaur
M.M.S. BEDI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
