TR.P.(CRL.)/11/2025 of STATE Vs SHANKAR

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ TR.P.(CRL.) 11/2025

STATE

.....Petitioner

Through: Mr. Mukesh Kumar, APP for the State with SI Salman Ahmed, PS Hauz Khas

versus

SHANKAR

Through:

.....Respondent

CORAM:HON'BLE MR. JUSTICE SANJEEV NARULA

O R R03.02.2025

1. The present petition seeks transfer of Kalandra bearing DD No.1A dated 22[nd] December, 2024 titled State v. Shankar, registered at Police Station Kishangarh from Patiala House Courts to Saket Courts. As per record of case file of the said Kalandra, the present matter arises out of FIR No. 027661/2024, registered under Section 305(b) of the Bharatiya Nyaya Sanhita, 2023 at Police Station Hauz Khas.

2. The present matter has been listed pursuant to the request letter dated 24[th] January, 2025 issued by the Judicial Magistrate First Class-02, Patiala House Courts, duly forwarded to the Principal District and Sessions Judge, Patiala House Courts, New Delhi. In this regard, the Principal District and Sessions Judge, Patiala House Courts passed order dated 21[st] January, 2025, which reads as under:

“Perused order dated 18.01.2024 of Sh. Anuj Kumar Singh, Ld. Chief Magistrate, Patiala House Courts, New Delhi District, wherein it is mentioned that the present application/Kalandra has been received from the court of Sh. Animesh Kumar Ld. JMFC-02, PMC, ND vide order dated 09.01.2025 stating that the accused has already been arrested in main FIR on 24.12.2024 and that the present kalandra is related to the FIR pertaining to PS Hauz Khas, New Delhi. The Court dealing with the cases pertaining to PS Hauz Khas, New Delhi is at Saket Courts, South-District New Delhi. The power of Inter-District transfer of the cases is vested in the Hon’ble Court of Delhi.

In view of the above, the present case file, in original, be sent to the Ld. Registrar General, Hon'ble High Court of Delhi, New Delhi, for 29.01.2025 for appropriate directions.

The parties are directed to appear before the Ld. Registrar General, Hon'ble High Court of Delhi, New Delhi, on 29.01.2025.

Ahlmad is directed to send the file to Hon'ble High Court of Delhi on or before the NDOH forthwith.”

3. Through minutes of meeting dated 15[th] April, 2019 of the Administrative and General Supervision committee of this Court, it was resolved as follows:

“The resolution dated 16.01.2017 of this Committee has been reconsidered. It has been resolved to substitute the word "reference" with "transfer petition" in the said resolution. Therefore, henceforth, the request received from District & Sessions Judges and Principal Judges, Family Courts for transfer of case from one District to another District, subordinate to the High Court and competent to try or dispose of the same, upon recusal or for any other reason, shall be placed by the Registry by way of transfer petition before the concerned Bench for appropriate consideration and orders.”

4. In view of the above, the aforesaid Kalandra currently pending before the concerned Metropolitan Magistrate, Patiala House Courts, New Delhi is transferred to the Court of concerned Metropolitan Magistrate, Saket Courts where proceedings arising out of FIR No. 027661/2024 at Police Station Hauz Khas is pending, who shall deal with the said Kalandra, in accordance with law.

5. With the above directions, the present petition is disposed of.

6. copy of this order be sent to the concerned Courts for necessary compliance.

FEBRUARY 3, 2025 ab

SANJEEV NARULA, J