JUDGEMENT
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(1.) Heard.
Grievance of the petitioner is that complaint case filed by him
be transferred from one court of Moga to some other court, as he is unable to
get an Advocate and counsel for the other side is an ex-Judicial Officer.
Learned District and Sessions Judge after considering the
application did not find any merit therein.
(2.) After hearing counsel for the petitioner, I am of the view that
apprehension of the petitioner is without any basis and cannot be accepted as
a ground for transfer. However, it is made clear that if the petitioner is
unable to get an Advocate, he will be at liberty to move the District Legal
Services Authority, which will deal with the application on merits in
accordance with law.
(3.) It is next submitted that a sum of Rs.2000/- has been imposed as
costs on the petitioner while dismissing the application for transfer.
Without expressing any opinion on justification or otherwise of
the said order, having regard to all the facts and circumstances, it will be
appropriate that this part of the order imposing costs on the petitioner is
deleted. Ordered accordingly.
The petition is disposed of.;
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