- (1.) The petitioners are the victims of a protracted and delayed legal proceedings in a private complaint under Sections 323 & 504 IPC, launched by the respondent who is none else but an officer of the Court i.e., an Advocate practising at District Courts, Ludhiana.
(2.) Through the instant petition, the petitioners seek transfer of proceedings in a criminal complaint under Sections 323 & 504 IPC, from the Court of the Judicial Magistrate First Class, Samrala, District Ludhiana, to any other Court of competent jurisdiction at Chandigarh, Panchkula or any other place other than Ludhiana and Samrala, on the ground that the complainant- respondent is a practising Advocate in District Courts, Ludhiana and is capable of using his influence to either delay the proceedings or to obstruct the proceedings.
(3.) Brief facts of the case are that the respondent is an Advocate and he has filed a complaint against the petitioners and one Ram Lal alleging that on 26.9.2002, he was abused and assaulted by the petitioners and one Ram Lal who happens to be the brother of petitioner No.1 Krishan Lal Khanna, by giving blows on the chest and back of the complainant. In the list of witnesses, the complainant-respondent has mentioned the names of Bal Krishan, Pavittar Kumar and Ramesh Kumar. It is interested to note that the complaint has been pending since the year 2003. Preliminary evidence was concluded on 18.12.2003 and the accused were summoned on 10.4.2004. It is admitted case that notice of accusations had been served on 10.2.2012.;