- (1.) The petition for transfer of the pointed case in question pending in the Court of Ms. Sunita Kumari Sharma, Special Judge, to some other Court of competent jurisdiction was dismissed by the Sessions Judge, Kapurthala, vide order dated 14.2.2011 (Annexure P6), the operative part of which is as under (para 9):- "Considering the arguments addressed by Counsel for both the parties and going through the entire record of the case, I find that the transfer application has been moved by Gurdip Singh, because, this Gurdip Singh and Mann Singh are already inimical towards each other. The Chief Judicial Magistrate, Kapurthala has filed his comments, wherein, he has denied his any distant relation each with Mann Singh. The Special Judge has also denied in her comments that if she has been influenced by the Chief Judicial Magistrate, Kapurthala. This Gurdip Singh has no locus standi to move this transfer application, since, he is not a party in the said anticipatory bail application or the case under the N. D. P. S. Act pending against Mann Singh before the Special Court. The mere fact that this Mann Singh is a rich and influential person, does not mean that he will influence the Court. The bail application cannot be transferred merely on the sweet will of Gurdip Singh applicant. Resultantly, I come to the definite conclusion that the present transfer application has been moved on the basis of vague allegations. Otherwise also, there is no any other Special Court to try cases under N. D. P. S. Act at Kapurthala. So the said bail application cannot be transferred to any other Court at Kapurthala. This transfer application is dismissed on merits and otherwise also, the same has become infructuous and thus also deserves to be dismissed. Consequently, the present transfer application stands dismissed. "
(2.) Aggrieved thereby, the petitioner filed first CRM No. M- 29031 of 2012, which was dismissed as withdrawn by a Coordinate Bench of this court (Rameshwar Singh Malik, J. ), vide order dated 19.9.2012.
(3.) Now the petitioner has filed the present 2nd petition for transfer of the indicated criminal case, invoking the provisions of section 407 Cr. PC.;