Petition sought transfer of a sessions trial under IPC and SC/ST Act provisions at Bhiwani, alleging no local advocate would appear because the accused was a practising member of the Bar. The court found no averment that advocates were actually approached or any Bar resolution existed and dismissed the petition.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
272
CRM-M-6986-2023
Date of decision: 02.09.2025
RAJ KUMAR
......Petitioner
VERSUS
STATE OF HARYANA AND ANOTHER
.......Respondents
CORAM : HON'BLE MR. JUSTICE VINOD S. BHARDWAJ
Present: - Mr. G.S. Kuka, Advocate for the petitioner.
Mr. Vivek Chauhan, Addl. A.G. Haryana.
VINOD S. BHARDWAJ, J. (Oral)
The present petition has been filed seeking transfer of trial bearing Case No. SC110/2022 titled as “State of Haryana versus Bhumit Samota”, in FIR No. 724 dated 07.12.2021 registered under Sections 341 and 506 of the Indian Penal Code, 1860 and Section 3(2)(va) of the SC/ST Act, 1989 (Amendment 2015), Police Station Bhiwani Sadar, District Bhiwani.
of 13 witnesses have already been examined in the present case.
the petitioner to submit that no Advocate is willing to accept his brief since VISHAL SHARMA 2025.09.08 18:02 I attest to the accuracy and integrity of this document
CRM-M-6986-2023 -2-
the accused happens to be a practicing Advocate of the Bar Association, Bhiwani, however, the petitioner has made no averment of having ever approached any Advocate in Bhiwani for defending his case. Besides, there is also no averment in the present petition that the District Bar Association, Bhiwani had passed any resolution not to appear against the accused Advocate.
(VINOD S. BHARDWAJ) SEPTEMBER 02, 2025 JUDGE Vishal Sharma Whether speaking/reasoned : Yes/No Whether Reportable : Yes/No
VISHAL SHARMA 2025.09.08 18:02 I attest to the accuracy and integrity of this document
1 issue framed by the court
Should the SC/ST Act trial be transferred out of Bhiwani on the petitioner's claim that no advocate there would appear against an accused who is himself a practising advocate?
2 provisions across 2 enactments
RAJ KUMAR
STATE OF HARYANA
Bhumit Samota
VINOD S. BHARDWAJ
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
