The Court dismissed the petition challenging the dismissal of a transfer and clubbing application. The undersigned held the application not maintainable as the appeals involved different accused persons, making the plea of identical defence irrelevant.
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In the High Court of Punjab and Haryana, at Chandigarh
Criminal Misc. No. M-3813 of 2019
Date of Decision: 29.01.2019
Daljinder Singh
... Petitioner(s)
Versus Moti Dame
... Respondent(s)
CORAM: Hon'ble Mr. Justice Shekher Dhawan. Present: Mr. Sushil Bhardwaj, Advocate for the petitioner(s).
Shekher Dhawan, J.
Present petition under Section 482 Cr.P.C. for quashing of order dated 06.12.2018 (Annexure P6), passed by the learned Sessions Judge, Karnal whereby application, filed by the petitioner, for transfer/clubbing of CRA No. 7 of 2017 and CRA No. 606 of 2016 was dismissed.
Learned counsel for the petitioner fairly conceded that parties i.e. accused persons in both the appeals are different persons and transfer/clubbing of both the appeals has been sought on the ground that plea of defence is same in both the cases.
That being so, the application was not maintainable and the same was rightly dismissed by the learned Sessions Judge. As such, there is no ground to accept the present petition and the same stands dismissed.
( Shekher Dhawan) Judge
January 29, 2019 “DK”
Whether speaking/reasoned :Yes/No Whether reportable : Yes/No
DEEPAK KUMAR BHARDWAJ 2019.01.29 15:26 I attest to the accuracy and integrity of this document
2 issues framed by the court
Whether the application for transfer and clubbing of two Criminal Appeals with different accused persons was maintainable on the ground of identical plea of defence.
Whether the petition challenging the dismissal of such an application deserves to be accepted under Section 482 Cr.P.C.
Daljinder Singh
Moti Dame
Shekher Dhawan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
