Hoshiyarpur­146001 vs State Of H.P
2022 Latest Caselaw 7437 HP

        IN       THE   HIGH     COURT OF HIMACHAL                 PRADESH,




                                                                 .
                                   SHIMLA





                    ON THE 5th DAY OF SEPTEMBER, 2022

                                 BEFORE





                  HON'BLE MR. JUSTICE AJAY MOHAN GOEL

                 CRIMINAL MISC. PETITION (MAIN) U/S 482 CRPC
                 No.236 of 2022





    Between:

    SMT. KAMALJEET KAUR W/O
    SH. BALWINDER SINGH #
    601/19,   MANVTA

                      NAGAR

    HOSHIYARPUR­146001,  PB
    (M)   7508205118  EMAIL:
    k [email protected]
                                                               ....PETITIONER.



    (BY MS. KAMLESH SHANDIL, ADVOCATE)

    AND




    STATE OF H.P.





                                                   ....RESPONDENTS.





    (M/S SUMESH RAJ, DINESH THAKUR, SANJEEV SOOD,
    ADDITIONAL ADVOCATES GENERAL, WITH MR. AMIT
    KUMAR DHUMAL, DEPUTY ADVOCATE GENERAL)

    Whether approved for reporting?1

             This petition coming on for admission this day, the Court passed the

    following:




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                JUDGMENT

.

By way of this petition, filed under Section 482 of the

Criminal Procedure Code, the petitioner has prayed for the following

relief:­

"It is, therefore, respectfully prayed that the present petition may kindly be allowed and the present case

no.CR. 5 of 2021 may kindly be ordered to be transferred from the Ld. JMFC Hamirpur HP to JMIC Una HP under the complex of Ld. District and Sessions Judge

Una at Una HP, in the interest of law & justice."

2. The petition has been filed by Ms. Kamlesh Shandil, as

learned Legal Aid Counsel. After hearing learned Legal Aid Counsel,

this court had directed the Registry of this Court to call for the

record of the case.

3. I have heard learned Legal Aid Counsel and also gone

through the petition as well as record of the learned Trial Court.

4. Taking into consideration the record of the learned Trial

Court, this Court is of the considered view that the matter is being

dealt with by the learned Trial Court with due­diligence and

therefore, there is no need to transfer the trial, as has been prayed

by the petitioner.

5. Suffice it to say, that in case the accused tries to create

any hurdle or impediment in the course of free and fair trial, the

complainant shall be at liberty to bring said act of the accused to the

notice of the learned Trial Court, which may take appropriate action

.

upon the same in accordance with law.

6. With these observations, the petition is closed, but with

a direction to the learned Trial Court to expedite the trial and make

an endeavour to complete the same on or before 31.03.2023. Record

be sent back to the learned Trial Court forthwith. The parties to

render all possible assistance to the learned Trial Court, so that the

matter can be decided within the time granted by the Court. The

petition stands disposed of, so also the pending miscellaneous

applications, if any.

(Ajay Mohan Goel)

Judge September 05, 2022 (Rishi)