State v. Unknown
$~53 *
IN THE HIGH COURT OF DELHI AT NEW DELHI
+ TR.P.(CRL.) 21/2025 STATE .....Petitioner Through:
Mr. Amit Ahlawat, APP.
versus UNKNOWN .....Respondent Through:
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
O R D E R
% 04.03.2025 1.
The present petition, seeking transfer of proceedings emanating from FIR No.299/2024 titled State v. Unknown, registered at Police Station Special Cell. This petition has been filed in accordance with the order passed by the Registrar General of this Court on 25th February, 2025, following a request letter dated 19th February, 2025 from the Principal Judge, Family Court-cum-Officiating Principal District & Sessions Judge, New Delhi District, Patiala House Courts, New Delhi. The request was accompanied by an order from the Chief Judicial Magistrate, New Delhi District, Patiala House Court, New Delhi. Additionally, an application was filed by the Central Bureau of Investigation for the transfer of the original case records, along with all related documents, articles, and material objects, pertaining to FIR No. 299/2024 to the Court of the Chief Judicial Magistrate, Rouse Avenue Court Complex, New Delhi.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
2.
The order dated 19th February, 2025 passed by the Principal District and Sessions Judge reads as follows:
"Perused order dated 14.02.2025 of Sh. Anuj Kumar Singh, Ld. Chief Judicial Magistrate, PHC, NDD, wherein it is mentioned that Ld. Public Prosecutor for CBI has submitted that vide order dated 30.07.2024, MHA has transferred the investigation of the present case to the CBI and that charge-sheet in the present case has not been filed. Further, FIR No.299/2024, PS Special Cell, be transferred to the court of Ld. Chief Judicial Magistrate, Rouse Avenue Court Complex, Delhi. The Courts dealing with the cases pertaining to CBI are at Rouse Avenue Courts. The power of Inter-District transfer of the cases is vested in the Hon'ble High Court of Delhi. In view of the above, the case papers be placed before Ld. Registrar General, Hon'ble High Court of Delhi, New Delhi " 3.
Judicial file of the aforesaid FIR is perused. 4.
As per the minutes dated 15th April, 2019 of the Administrative and General Supervision Committee of this Court, it was resolved that: "The resolution dated 16.01.2017 of this Committee has been reconsidered. It has been resolved to substitute the word "reference" with "transfer petition" in the said resolution. Therefore, henceforth, the request received from District & Sessions Judges and Principal Judges, Family Courts for transfer of case from one District to another District, subordinate to the High Court and competent to try or dispose of the same, upon recusal or for any other reason, shall be placed by the Registry by way of transfer petition before the concerned Bench for appropriate consideration and orders."
5.
In light of the order dated 30th July, 2024, transferring the investigation of FIR No. 299/2024 to the CBI, and given that the courts handling CBI cases are located at Rouse Avenue Courts, the original case records, along with all related documents, articles, and material objects pertaining to FIR No. 299/2024, are hereby transferred to the Court of the Chief Judicial Magistrate, CBI, RACC, Rouse Avenue Court Complex, New Delhi.
6.
Accordingly, the transfer petition is disposed of. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
7.
A copy of this order shall be sent to the concerned Courts for necessary intimation and compliance.
SANJEEV NARULA, J MARCH 4, 2025 nk The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.