JUDGEMENT
RANJIT SINGH -
(1.) THIS order will dispose of two Criminal Misc.Nos.36068 of 2010 and 3514 of 2011.
(2.) THE petitioners have approached for transfer of proceedings in FIR No.161 dated 22.09.2009 under Sections 420, 120-B IPC, Police Station City Moga, District Moga to any other Court out of District Moga.
The background given in the petitions to make prayer for transfer is that there is a serious threat to the life and liberty of the petitioners at Moga and in this regard reference is made to the part of allegations made showing that the petitioners were kept in illegal custody. These allegations, of course, are denied by the respondent, who in addition to this also point out to an earlier petition filed by the petitioners for seeking protection on same or similar ground. In this regard learned counsel appearing for the private respondent has referred to the reply filed by the State (Annexure R-2/2) where the State had taken a stand that even if at any time of their visit to Moga, the petitioners inform a local police in advance then the police concerned would look after the security of their life and liberty during the stay at Moga.
(3.) STATE counsel submits that STATE would remain bound to this stand taken before this Court in the response filed by the STATE to the petitions seeking protection. In order to further ensure that the life and liberty of the petitioners is not put to any harm when they visit Moga for putting in appearance in the cases which are being tried at Moga, it is directed that as and when the petitioners are to visit Moga for the purpose appearing in a case or otherwise in connection with any investigation etc. they shall inform the Senior Superintendent of Police, Moga in advance who shall arrange to provide adequate security to secure the life and liberty of the petitioners during their such visits to Moga. The Senior Superintendent of Police, Moga would ensure to provide security to the petitioner within the jurisdiction of Moga District.;
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