Rishant Jain v. Manas Arora & ANR.

$~104 * IN THE HIGH COURT OF DELHI AT NEW DELHI + TR.P.(CRL.) 31/2024 RISHANT JAIN ..... Petitioner Through:

Ms. Monika Nahata, Advocate for Mr. Hitendra Kr. Nahata, Mr. Anuj R. Yadav, Mr. Alok Kr. Rout, Ms. Kajol Kumar, Advocates. versus MANAS ARORA & ANR.

..... Respondents Through:

Ms. Richa Dhawan, APP for State/ R-2 with Insp. Jagdeep, PS: Hazarat Nizamuddin.

CORAM:

HON'BLE MS. JUSTICE JYOTI SINGH

O R D E R

% 22.03.2024 CRL.M.A. 9166/2024 (Exemption) 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

TR.P.(CRL.) 31/2024 3.

This is a petition preferred on behalf of the Petitioner under Section 407 Cr.P.C. seeking transfer of Complaint Case No. 60153/2016 titled 'Rishant Jain v. Manas Arora', which is pending before the learned CMM (East District), Karkardooma Courts, Delhi to South East District, Saket Courts, Delhi.

4.

It is stated in the petition that Petitioner herein is a Complainant before the Trial Court and after the filing of the complaint, when the matter came up before the Trial Court on 22.08.2022, the Court was of the opinion that it lacks the territorial jurisdiction to entertain the complaint as the TR.P.(CRL.) 31/2024 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 27/03/2024 at 11:47:01

alleged incident occurred at Eros Cinema, INOX Mall, Jangpura, which falls under the jurisdiction of PS: Hazarat Nizamuddin and therefore, South East District at Saket Courts will have the jurisdiction to entertain the present petition.

5.

Since Respondent No. 1 has so far not been summoned, notice is not required to be issued to Respondent No.1.

6.

Learned APP accepts notice on behalf of Respondent No.2/State and fairly points out that since the alleged incident had taken place under the jurisdiction of PS: Hazarat Nizamuddin, Courts at Karkardooma will have no jurisdiction.

7.

Accordingly, it is directed that Complaint Case No. 60153/2016 will stand transferred from the Court of learned CMM (East District), Karkardooma Courts, Delhi to South East District, Saket Courts, Delhi. 8.

Matter be listed before the learned Principal District and Sessions Judge, South East District, Saket Courts, Delhi on 29.04.2024, with advance intimation to the parties.

9.

Copies of the order be sent to the concerned Courts for information and necessary compliance.

JYOTI SINGH, J MARCH 22, 2024/shivam TR.P.(CRL.) 31/2024 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 27/03/2024 at 11:47:01