High Court of DelhiTR.P.(CRL.)/8/2017

Vijay Bahadur Rai v. State Of NCT Of Delhi & ORS

2017-02-01Hon'Ble Mr. Justice Vipin Sanghi2 pages

$~42.

* IN THE HIGH COURT OF DELHI AT NEW DELHI + TR.P.(CRL.) 8/2017 VIJAY BAHADUR RAI ..... Petitioner Through:

Mr. Anil K Batra, Advocate versus STATE OF NCT OF DELHI & ORS ..... Respondent Through:

Mr. Mukesh Kumar, APP

CORAM:

HON'BLE MR. JUSTICE VIPIN SANGHI

O R D E R

% 01.02.2017 Crl. M.A. No. 1836/2017 Exemption allowed, subject to all just exceptions. The application stands disposed of.

TR.P.(CRL.) 8/2017 The petitioner has preferred the present transfer petition to seek the transfer case being CC No.539467/2016 filed by the petitioner against respondent nos.2 to 15 u/s 200 and section 156(3) Cr PC, titled Vijay Bahadur Rai v. K.L. Luthra & Ors. pending in the court of Sh. Pawan Kumar, MM (Central) Tis Hazari Courts to the court of a Metropolitan Magistrate having competence and jurisdiction at Karkardooma Courts.

The submission of the petitioner is that in the said proceedings an Action Taken Report (ATR) has been filed by PS Mayur Vihar-I. The case relates to the alleged forgery of minutes of meeting of the managing committee of ASN Senior Secondary School, Mayur Vihar-I dated 29.01.2010. The ATR states that there are names and signatures of 14 members to the said minutes of the meeting. Smt. S. Chamoli (Saroj Chamoli) had been examined, who had denied to have attended the said meeting.

The petitioner is seeking transfer of the aforesaid case to a competent court having jurisdiction over PS Mayur Vihar-I on account of the fact that the investigation is being conducted by PS Mayur Vihar-I. In view of the aforesaid position, it will tend to general convenience of the parties and witnesses, and it shall be expedient for the ends of justice and administration of the case that the aforesaid case preferred by the petitioner is transferred to a competent court having jurisdiction over PS Mayur Vihar-I. The petition is, accordingly, allowed. The case stands transferred to the District Court Karkardooma. The same be listed before the concerned CMM having jurisdiction over P.S. Mayur Vihar-I for being assigned to the competent court. The petition stands disposed of in the aforesaid terms. VIPIN SANGHI, J FEBRUARY 01, 2017 sr