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High Court of DelhiTR.P.(CRL.)/12/2025

Mohd Yusuf Alam v. Govt Of NCT Of Delhi Through Sho & ANR.

2025-07-29Hon'Ble Mr. Justice Sanjeev Narula2 pages

$~44 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ TR.P.(CRL.) 12/2025 MOHD YUSUF ALAM .....Petitioner Through:

Mr. Sameer Nandwani, Mr. Pankaj Kumar, Advocates versus GOVT OF NCT OF DELHI THROUGH SHO & ANR.

.....Respondents Through:

Mr. Mukesh Kumar, APP for the State with SI Akshay Dagar, PS Shaheen Bagh

CORAM:

HON'BLE MR. JUSTICE SANJEEV NARULA

O R D E R

% 29.07.2025 1.

The present petition filed under Section 447 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeks transfer of trial proceedings emanating from FIR No. 233/2022 registered under Sections 452, 354, 354(B), 354(D), 506, 509 of the Indian Penal Code, 1860 at P.S. Shaheen Bagh which is currently pending adjudication before the Judicial Magistrate First Class, South-East District, Saket Courts.

2.

Mr. Sameer Nandwani, counsel for the Petitioner, submits that the FIR was registered against the Petitioner by Respondent No. 2. The Petitioner fears potential physical assault and harm from the husband of Respondent No. 2 and his associates at the Saket Courts in New Delhi. To address these concerns, the Petitioner has lodged complaints with the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 31/07/2025 at 12:45:34

concerned police station, the Principal District and Sessions Judge of SouthEast Delhi, and the Saket Bar Association. He argues that if the case is not transferred, the Petitioner's ability to fairly present his defense will be severely compromised due to the allegedly hostile atmosphere fostered by the husband of Respondent No. 2 and his supporters. This, the Petitioner contends, would result in a miscarriage of justice. 3.

Counsel for Respondent No. 2, on the other hand, vehemently denies the allegations, asserting that all claims made in the complaint are unfounded, false and baseless.

4.

The Court has considered the aforenoted contentions and finds no merits in the present petition. The apprehensions expressed by the Petitioner regarding personal safety and a hostile environment appear to be speculative. The Principal District and Sessions Judge as well as the concerned Court can address the issues regarding the security and fairness of the trial process. No ground is made out to transfer the case. 5.

In view of the above, the Court is not inclined to allow the present petition, and the same is dismissed.

SANJEEV NARULA, J JULY 29, 2025/ab The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 31/07/2025 at 12:45:34