Gurdev Singh, J. - (1.) HEARD .
(2.) THE Petitioners, Nand Lal and others, have filed this petition under Section 407 of the Code of Criminal Procedure for the transfer of case titled as "State v. Nand Lal" pertaining to FIR No. 146 dated 26.5.2004 registered under Sections 341, 323, 452, 148 and 149 IPC in Police Station. Jagraon and the cross version case titled as "State v. Brij Bhushan etc." registered under Sections 308, 323, 452, 148 and 149 IPC on the statement of Nand Lal, Petitioner No. 1, from the Court of Sh. J.S. Chohan, Additional Sessions Judge, Ludhiana, to any Court in the Sessions Division of Panchkula or Ambala or to any other Sessions Division out side the State of Punjab. They have contended therein that Ram Dass, father of Ram Parkash -accused, is real brother of the husband of the sister of wife of Sh. S.P. Bangarh, District and Sessions Judge, Ludhiana, and the accused had started declaring openly in the locality that on account of that relationship, they would teach a lessen to them. They have also contended that Sh. J.S. Chohan, is going out of way to press them to enter into a compromise with the accused and they have started declaring openly that they (Petitioners) shall be convicted and they (accused) shall be acquitted on account of their close relationship with the District and Sessions Judge. They are not expecting justice from the said Court, which is under the direct supervision of said District and Sessions Judge. Counsel for the accused placed on record copy of the order dated 25.4.2006 passed in Crl. Misc. No. 62786 of 2005, filed by Raj Pal, Petitioner No. 2. A perusal thereof shows that the petition for the transfer of these very cases, was filed by Petitioner No. 2 on the ground that Sh. S.P. Bangarh is related to father of one of the accused. That petition was dismissed. Counsel for the Petitioners has tried to take the plea that when that petition was filed, Sh. S.P. Bangarh was posted as Additional Sessions Judge and that now he is District and Sessions Judge, exercising supervisory jurisdiction on Sh. J.S. Chohan, Additional District and Sessions Judge. There is no such plea in the petition from which it can be inferred that Sh. S.P. Bangarh is exercising any influence on Sh., J.S. Chohan. It was observed in the order dated 25.4.2006, that merely on the ground that an accused is related to a Judicial Officer and his trial is pending before another Judicial Officer, in the same Sessions Division, in the absence of any other material, would not be sufficient to transfer the trial. The present petition having been filed on the same ground, is liable to be dismissed.
(3.) THE Petitioners have misused the process of the Court by filing the present petition, in spite of an order having already been passed by this Court refusing to transfer the case. In these circumstances they are liable to be burdened with costs. They are directed to deposit Rs. 5000/ - with the Legal Services Authority of this Court.;