Meghna Aggarwal v. State ( NCT Of Delhi) & ANR

$~18 * IN THE HIGH COURT OF DELHI AT NEW DELHI + TR.P.(CRL.) 49/2015 MEGHNA AGGARWAL ..... Petitioner Through Mr. Pawan Madan, Advocate versus STATE ( NCT OF DELHI) & ANR ..... Respondents Through Ms. Radhika Kolluru, APP for R-1 SI Vivek Malik, PS Vasant Kunj

CORAM:

HON'BLE MR. JUSTICE SIDDHARTH MRIDUL

O R D E R

% 10.05.2016 The present is a petition under Section 407 of the Code of Criminal Procedure, 1973 seeking transfer of criminal case titled State vs. Amar Aggarwal, FIR No. 76/2003, Police Station- Vasant Kunj, pending in the Court of Ms. Ankita Lal, Mahila Court, South District, Saket Courts, New Delhi to Mahila Court at Patiala House Courts, New Delhi. None appears on behalf of respondent no. 2 despite the latter being served with a notice in the present petition, as recorded in the order dated 6th April, 2016.

The transfer petitioner herein is the complainant in the criminal case, of which transfer is being sought as afore-stated. In addition to this, there are two other cases; first being Case Number M09/14 pending before the learned Principal Judge, Family Court, New Delhi and the second, a criminal case pertaining to FIR No. 654/02 pending before the learned MM, Patiala House Courts, New Delhi, between the parties herein, who are husband and wife.

The cause of action in criminal case pertaining to FIR No. 76/2003, of

which transfer has been sought, is stated to have occurred within the jurisdiction of Police Station- Vasant Kunj, Delhi.

It is an admitted position that criminal cases pertaining to FIRs registered with Police Station- Vasant Kunj, Delhi come under the jurisdiction of the Criminal Court at Patiala House Courts, New Delhi. In view of the foregoing, the present transfer petition is allowed. The criminal case pertaining to FIR No. 76/2003 pending before the Court of Ms. Ankita Lal, Mahila Court, South District, Saket Courts, New Delhi is transferred to Mahila Court at Patiala House Courts, New Delhi for further proceedings in accordance with law. The District & Sessions Judge, Saket Courts, New Delhi is directed to transmit the papers and proceedings of the afore-mentioned Criminal Case pertaining to FIR No. 76/2003 to District & Sessions Judge, Patiala House Courts, New Delhi forthwith. With the above directions, the present transfer petition is allowed and disposed of accordingly.

Copy of this order be sent by express messenger to the District & Sessions Judge, Saket Courts, New Delhi to be transmitted to the concerned Court, South District, Saket Courts, New Delhi for compliance as well as to the District and Sessions Judge, Patiala House Courts, New Delhi. Dasti.

SIDDHARTH MRIDUL, J MAY 10, 2016/sd