Jaspal Rai vs Neeta
2023 Latest Caselaw 1672 P&H

                         IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH
                       Sr. No.: 106
                                                     Criminal Miscellaneous No.M-4089 of 2023
                                                             Date of Decision: January 25, 2023


                       Jaspal Rai
                                                                              ..... PETITIONER(S)
                                                         VERSUS
                       Neeta
                                                                            ..... RESPONDENT(S)

                                                           ...

CORAM: HON'BLE MR. JUSTICE TRIBHUVAN DAHIYA

...

PRESENT: - Mr. Gaurav Goel, Advocate, for the petitioner.

. . .

Tribhuvan Dahiya, J (Oral)

This is a petition filed under Section 407 Cr.P.C. seeking

transfer of trial/case of Criminal Complaint No.397 of 2017 titled Neeta vs.

Jaspal Rai from Jalandhar to any other Court of competent jurisdiction in

the State of Punjab.

2. Learned counsel for the petitioner contends that the

complainant is a practicing Advocate at Jalandhar and a member of the Bar

Association there since 2016. On account of her influence over other

members of the Bar, the petitioner feels threatened and is unable to appear

before the trial Court.

3. In the opinion of this Court, it cannot be believed that

merely because the respondent-complainant is a member of the Bar at

Jalandhar, she would influence the entire Bar to an extent the petitioner

would feel threatened and be unable to defend himself before the trial Court.

Further, learned counsel is not in a position to dispute that during pendency AVIN KUMAR 2023.01.30 14:15 I attest to the accuracy and integrity of this order/judgment CRM No.M-4089 of 2023 [2]

of the trial for the last five years, petitioner was being represented by a

counsel before the trial Court.

4. In view thereof, there is no ground to entertain the petition.

5. Dismissed.

(Tribhuvan Dahiya) Judge January 25, 2023 avin

Whether Speaking/ Reasoned: Yes/ No Whether Reportable: Yes/ No

AVIN KUMAR 2023.01.30 14:15 I attest to the accuracy and integrity of this order/judgment