'Allegations Made To Pollute Stream Of Justice': P&H HC Declines To Transfer Cruelty Case Over Claims That Trial Judge Was Being Influenced By Bar Member

The Punjab & Haryana High Court dismissed a plea to transfer a cruelty case from a district court filed on the ground that the judge was allegedly acting under the influence of a bar member who was related to the petitioner's wife, observing that "allegations made by the petitioner have the tendency to pollute the stream of justice."

Justice Sumeet Goel said, "The said allegations on the part of the petitioner without their being any material or complaint on the part of the petitioner to any of the authority in this regard, are ex-facie malicious, made with an intent to impute the motive, which is otherwise not existent, with a sheer intent to sensationalize the issue unlawfully. The wild allegations made by the petitioner have the tendency to pollute the stream of justice, and as such are liable to be discarded outrightly."

The plea was filed by a man booked in a cruelty case along with his family in 2017 in Punjab's Fazilka, seeking transfer of his case from the district to Chandigarh or any other District in the State of Haryana. The deceased wife of the petitioner had lodged an FIR for allegedly harassing and beating her.

The main ground on which transfer was sought was that the trial is pending in the District, where the brother-in-law of, who is pursuing the case lodged by his deceased wife against him, is an advocate and an active member of the bar, and the Presiding Officer and the Session Judge is influenced by him.

It was alleged that when the petitioner got bail from the High Court in the case, he was threatened that he would take the case up to the Supreme Court, and the entire family of the petitioner would not be spared.

After hearing the submissions, the Court noted that the petitioner had failed to make out a case for transfer of the trial.

The judge further noted that the allegations made by the petitioner that the Presiding Officer of the trial Court as well as the Additional Sessions Judge, while dismissing his bail applications acted under the influence of the brother-in-law "are wholly false, ill-conceived, without any substance apart from being outrageous to the majesty of law and Courts."

Justice Goel highlighted that the fact that the father of the petitioner has already been exempted from his personal appearance during trial before the District Court, "itself belies the stand taken by the petitioner."

"The conduct of the petitioner further shows that he has the tendency and audacity to create a document..., with the allegations that the said purported complaint, spelling out an alleged threat to his life was given by him to the police," the Court noted.

The judge said that the credentials of his brother-in-law "being an advocate and ex-president of the youth wing of some political party do not seem to have affected the investigation and trial of the case in any manner prejudicial to the interest of the petitioner."

Stating that the petitioner has taken deliberately false pleas with an intent to gain undue advantage in the matter, the Court dismissed the plea.

Title: VXXXXX v. State of Punjab & Anr.

Mr. Sandeep Kotla, Advocate for the petitioner. Mr. Anup Singh, AAG, Punjab.

Mr. Nitin Meel, Advocate for respondent No.2.

Citation: 2024 LiveLaw (PH) 284