- (1.) Heard.
(2.) This petition under Section 407 of the Code of Criminal Procedure has been filed by Dalip Kumar Sareen, Petitioner, for the transfer of the case pertaining to the cancellation of FIR No. 63 dated 28.6.2008, registered under Sections 417, 419, 468, 469, 471, 120-B IPC in Police Station Division No. 8, Ludhiana, and the protest petition filed therein and titled ''State v. Vijay B. Verma and Ors.'' from the Court of Sh. Ajay Mittal, Judicial Magistrate, 1st Class, Ludhiana to court of competent jurisdiction outside the District of Ludhiana.
(3.) The grounds taken therein is that both the parties are advocates practicing in District Courts at Ludhiana and the tension brews up in the Court when they appear as a result of which there is no congenial atmosphere or decorum in the Court. The application filed by the Petitioner for the inspection of the record was dismissed by the Presiding Officer on the ground that the accused had not been summoned. Respondent No. 2 is an influential person and the Petitioner has apprehension that he will not get the justice from the Court of Judicial Magistrate, Ist Class, Ludhiana and fair and impartial decision is not expected.;