Sweta Mehrotra v. The State & ANR.

$~53 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ TR.P.(CRL.) 11/2017 SWETA MEHROTRA ..... Petitioner Through:

Ms. Usha Sharma and Mr. Prashant Yadav, Advs.

versus THE STATE & ANR.

..... Respondents Through:

Dr. M.P. Singh, APP for the State with W/SI Kailash, P.S. Janak Puri.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 06.02.2017 By this petition, petitioner has prayed for transferring the case arising out of FIR No. 1420/2015 under Section 376 IPC registered at police station Janakpuri from the Court of ASJ, Special Fast Track Court-01, West District, Tis Hazari Court, Delhi to Dwarka Courts. It is submitted that on 13th October, 2016 when the matter was taken up by the court of ASJ, Special Fast Track Court-01, West District, Tis Hazari Court on the application of petitioner for cancellation of bail, the Judge shouted at the prosecutrix. Later on, the prosecutrix came to know that her application for cancellation of bail had already been dismissed on 26th July, 2016. On 24th January, 2017, petitioner moved an application for exemption from personal appearance as she was unwell since 22nd January, 2017.

During the hearing of the said application, the learned Judge

commented that the girls became ill before appearing in Court as a witness. Her counsel was asked to produce medical documents. The plea taken in this petition does not justify transferring of the case from Tis Hazari Court to Dwarka Court. If petitioner seeks transfer of case from one court to another within the same district, remedy is available to her to approach the District Judge. Present petition is accordingly not entertained and is dismissed. Miscellaneous applications are disposed of as infructuous.

A.K. PATHAK, J.

FEBRUARY 06, 2017 ga