Gaurav Thakur & ORS v. State Of NCT Of Delhi & ANR

$~17 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ TR.P.(CRL.) 25/2017 GAURAV THAKUR & ORS ..... Petitioners Through: Mr. M.L Chaudhary, Adv.

versus STATE OF NCT OF DELHI & ANR ..... Respondents Through: Mr. Tarang Srivastava, APP.

Ms. Manika Tripathy Pandey & Mr. Ashutosh Kaushik, Advs. for R-2.

CORAM:

HON'BLE MR. JUSTICE NAJMI WAZIRI

O R D E R

% 13.12.2017 This petition seeks following relief:

"...(1) To transfer the cases (1) State Vs. Gaurav Thakur & Ors. FIR No. 248/2010 U/s 498A/406/34 IPC P.S. Jagat Puri pending in the Court of Ms. Surbhi Sharma Vats, MM (East District), Karkardooma Court, Delhi (2) Case No. V- 109/13 titled as Asha Singh Vs. Gaurav Thakur & Anr. U/S 12 of Protection of Women from Domestic Violence Act pending in the Court of Ms. Babita Punia, MM (Shahdara District), Karkardooma Court, Delhi (3) CC No. 340/2016 titled as Asha Singh Vs. Gaurav Thakur U/s 125 Cr. P.C. pending in the Court of Principal Judge, Family Court (Shahdara District), Karkardooma Court, Delhi from Karkardooma Court to some other District Court of Delhi, for fair and impartial trial and in the interest of justice....." It is the petitioner's case that on an application filed by respondent no.2 the case pending before the Court at Mathura, U.P. was transferred by the Supreme Court to Tis Hazari Courts, New Delhi on the ground that its

transfer to Karkardooma Court, Delhi would not be appropriate since she was a practicing lawyer at the Karkardooma Court. Another case i.e. State vs Gaurav Thakur & Anr. in FIR No. 431/2008 by an order dated 03.08.2010 of the CMM, Delhi was transferred from Karkardooma Courts to Tis Hazari Courts. Three other cases, as mentioned in the prayer clause, pending in the Karkardooma Courts are sought to be transferred on the same ground.

In view of the aforesaid, a case is made out for transfer of the cases to the Tis Hazari Courts.

It is so ordered.

The petition is allowed.

The aforesaid three cases shall be listed before the District Judge, Tis Hazari Courts, Delhi who may assign them on 10th January, 2018, to the appropriate court. The files of the said three cases shall be sent to the courts to which the cases are so assigned.

The petition stands disposed off.

NAJMI WAZIRI, J DECEMBER 13, 2017/kk