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CRM-M-51420-2026 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 146 CRM-M-51420-2026 Date of Decision: 10.09.2026 ROSHAN LAL .....PETITIONER VERSUS STATE OF PUNJAB ...RESPONDENT
CORAM: HON’BLE MR. JUSTICE H.S.GREWAL Present: Mr. Gagandeep Singh Bajwa, Advocate for the petitioner. **** H.S. GREWAL, J. (ORAL)
1. This petition has been filed under Section 447 of BNSS/407 of Cr.P.C for transfer of case bearing FIR No 40 dated 19.03.2025 under Section 108,3(5) of BNS/306,34 of IPC, Police station, Subhanpur District Kapurthala titled as "State of Punjab Vs. Somnath and others" bearing no 156/SC/2025 from the court of Ld. Additional Session Judge District Kapurthala, to a court of competent jurisdiction in District Amritsar.
2.
Learned counsel for the petitioner submits that the petitioner is 73 years of age and is suffering from various ailments. He further submits that the petitioner is required to travel from Amritsar to Kapurthala, a distance of approximately 110 kilometres, on each date of hearing and that there is no direct bus service from his residence to Kapurthala. It is further submitted that the petitioner is an old-aged person and is finding it difficult to attend the proceedings at Kapurthala. He also submits that the petitioner apprehends threat
at
the
hands
of
the
private
respondents.
RENU RAWAT 2026.09.11 17.01 I attest to the accuracy and integrity of this document Chandigarh
CRM-M-51420-2026 2
Learned counsel further submits that the investigation in the case already stands concluded and the challan has been presented before the Court.
3. At this stage, learned counsel for the petitioner has requested that appropriate directions be issued to the learned Trial Court to record the testimony of the petitioner on a specific date, as the case is being repeatedly adjourned for recording his evidence. It is further submitted that it is difficult for the petitioner to travel from Amritsar to Kapurthala on every adjourned date solely for the purpose of recording his testimony.
4. Notice of motion.
5. Mr. P.S. Pandher, AAG, Punjab, accepts notice on behalf of the respondent-State.
6. I have heard learned counsel for the parties and perused the record.
7. Keeping in view the submissions advanced by learned counsel for the petitioner, and considering the age and medical condition of the petitioner, this Court deems it appropriate to direct the learned Trial Court to record the statement of the petitioner/complainant positively on the next date of hearing, i.e. 29.09.2026. In the event the statement cannot be recorded on the said date due to unavoidable circumstances, the same shall be recorded positively on the very next date fixed by the learned Trial Court.
8. With these observations, the present petition stands disposed of.
(H.S.GREWAL) 10.09.2026
JUDGE renu Whether speaking/ reasoned : Yes/No Whether Reportable : Yes/No RENU RAWAT 2026.09.11 17.01 I attest to the accuracy and integrity of this document Chandigarh