Nauhar Chand vs Neelam Rani

S.S. Nijjar, J.

This is a petition filed under Section 407 read with Section 482 of the Code of Criminal Procedure for transfer of the following cases :

(1) Petition under Section 125 Cr.P.C. titled as Neelam Rani v. Lakshmi Narain alias Bittu pending in the Court of Shri B.S. Mangat, Additional Chief Judicial Magistrate, Patiala:

(2) Criminal case arising from FIR No. 35, dated 14.3.1998 registered under Sections 406/498A, 506, 354 IPC, Patran, and under Sections 3 and 4 of Dowry Prohibition Act, now pending in the Court of Shri B.S. Mangat, Additional Chief Judicial Magistrate, Patiala, titled as State v. Lakshmi Narain :

(3) Criminal complaint No. 165, dated 21.7.1998 titled as Om Parkash v. Lakshmi Narain alias Bittu and others.

The petitioner seeks transfer of these cases from the criminal Courts of District Patiala to any other Court of competent jurisdiction, either to a Court in the State of Haryana or to a Court in Chandigarh.

At the motion stage, this Court had passed the following order :

"The learned counsel submits that respondent No. 2 Om Parkash, who is father of respondent No. 1 Neelam Rani, is a very influential and head strong person and so much so he even threatened the petitioners in the presence of the Court as a result of which the C.J.M. had to call the police for the security of the petitioners. In such circumstances, fair trial of the petitioners at Patiala is not possible. It is also stated by the counsel that his clients are even prepared to pay the lawyers and other litigation expenses of respondent No. 1 in case of transfer of the case to some other District other than Patiala.

Notice for 5.8.1999."

In pursuance of the aforesaid order, the petitioner is still prepared to make the payment of the expenses incurred by the respondents. Counsel for the respondents has placed on record the details of the expenses which are as follows :

(a) Counsel''s fee @ 7700/ per case Rs. 23,100/

(b) Remaining interim maintenance from 25.5.1999 to 24.7.1999 @ Rs. 400/ P.M. for 14 months Rs. 5,600/

(c) Expenses for the witnesses in two cases 15 witnesses/case.

Total : Rs. 34,700/

The maintenance amount of Rs. 5,600/ has been paid in the Court today to the father of respondent No. 1. With regard to the counsel''s fee, it is submitted by Shri Bansal that the counsel''s fee is exorbitant. He, however, doesn''t dispute the expenses of the witnesses and the number of the witnesses. He, however, submits that the expenses for the witnesses shall be paid as and when they are produced in Court. The suggestion made by the learned counsel for the petitioner seems to be fair.

I am also of the considered opinion that the counsel''s fee ought to be reduced to Rs. 15,000/ in all the three cases.

Mr. Bansal on instructions from his client who is present in Court states that the amount of Rs. 15,000/ with regard to the counsel''s fee will be paid within seven days from today to the counsel for the respondents by way of a banker''s draft. In view of the above, the petition is allowed. The three cases mentioned above are transferred to the Court of Chief Judicial Magistrate, Chandigarh and the same be disposed of in accordance with law. No costs.