High CourtsSingle Bench(2016) 07 DEL CK 0069

Poonam Kumari vs State (NCT) of Delhi

Delhi High Court · Decided on 22 July 2016 · Citation: (2016) 3 JCC 1722

HON’BLE JUDGES
Mr. S.P. Garg, J.
RESULT
Disposed Off
CASE NUMBER
Crl. No. 13 of 2016 and Crl. M.A. No. 3624 of 2016

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Judgment

6 paragraphs · 349 words

S.P. Garg, J. (Oral) - Present petition under Section 407 Cr.P.C. has been filed by the petitioner for transfer of the case titled �State v. Gopal Dass @ Billu� arising out of FIR No.6/2013 under Sections 506/509 IPC registered at PS Inderpuri pending trial at present before Metropolitan Magistrate, Mahila Court-2, South-West, Dwarka Courts, New Delhi, to the concerned Court at Patiala House Courts, New Delhi.

2.

Notice of the petition was given to the respondent No.2. He put appearance on 28.04.2016 and sought time to file response. However, on the adjourned date, he did not opt to appear.

3.

I have heard the learned counsel for the petitioner and have examined the Status Report filed by the State. It has come on record that various other cases pending between the parties are listed for hearing before the Courts at Patiala House Courts. It is informed that FIR No.64/2013 under Sections 354-A/323/34 IPC has been registered at PS Inderpuri at the instance of the present petitioner against respondent No.2 and others. Cross-case vide FIR no.65/2013 under Sections 354-A/323/34 IPC registered at PS Inderpuri on the complaint of R-2�s sister against the petitioner and her brother is also listed therein. Similarly, another case vide FIR No.149/2013 under Section 509 IPC registered at PS Inderpuri at the instance of present petitioner is also pending there.

4.

The petitioner alleged that on 12.12.2013 she and her brother were threatened by R-2 at Dwarka Courts. She lodged a complaint with Commissioner of Police (Annexure �A8�).

5.

Considering the above facts, the instant case vide FIR No.6/2013 under Sections 506/509 IPC registered at PS Inderpuri pending disposal at Dwarka Courts is ordered to be transferred for disposal as per law to the concerned Court at Patiala House Courts. The parties shall appear before learned District and Sessions Judge, Patiala House Courts, Delhi on 01.08.2016 who shall assign the present case vide FIR No.6/2013 under Sections 506/509 IPC registered at PS Inderpuri to the Court of competent jurisdiction dealing with other cases between the parties.

6.

The petition stands disposed of in the above terms.