Gurdev Singh, J. - (1.) THE applicants -Gurjit Singh and others, who are facing their trial for the offences under Sections 406 and 498 -A IPC arising out of FIR No. 43 dated 3.3.2006 registered in Police Station, Sadar Ropar, on the complaint made by Naurata Singh -Respondent No. 2, have filed this transfer application under Section 407 Code of Criminal Procedure for the transfer of the case titled as The State v. Gurjit Singh and Ors. from the Court of Chief Judicial Magistrate, Ropar, to any other court outside Ropar District.
(2.) THEY have contended therein that Respondent No. 2 is practicing as an Advocate at Ropar District and has considerable influence and as a result of that, the Advocates practicing in Ropar avoid to take their brief, as they cannot go against their friend, and as such they are not in a position to defend themselves properly. In reply filed by Respondent No. 2, he denied the contentions of the applicants. He pleaded therein that he is an old man of 77 years and is suffering from Sciatica pain and even cannot write down his own name properly. His hearing has been impaired up to 40% and is suffering from sugar as well as blood pressure. Before 2008, he had been going to the Court as a lawyer but after the death of his wife in that year, he has not gone to the court premises. The applicants are being represented by Sh. Chetan Gupta, Advocate, who had also appeared for them in the case under Guardian and Wards Act, which was kept pending from 11.8.2006 to 25.1.2010 at Ropar itself.
(3.) I have heard learned Counsel for both the sides.;