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Delhi High Court · 13 Nov 2013 · 2013:DHC:8236
G. S. Sistani
TR.P.(CRL) 56/2013
2013:DHC:8236
criminal petition_dismissed

AI Summary

The Delhi High Court dismissed the petition seeking transfer of a case involving scheduled offences under Sections 489B and 489C IPC, holding that the Special Court constituted by notification has exclusive jurisdiction.

Full Text
Translation output
I
HIGH COURT OF DELHI
TR.P.(CRL) 56/2013
MADccu lAiM Petitioner NARESH Mr.Sudhansu Palo and Mr.Anil Bhargav, Adv
VERSUS
. .
CTATF ORS Respondent
Through: Mr.Firoz Khan Ghazi, Adv. for State
CORAM;
HON'BLE MR. JUSTICE G.S.SISTANI
ORDER o/o 13.11.2013 By the present petition, petitioner seel<s transfer of the case FIR
No.5/05 registered under Sections 489/B/C and 1208 IPG at P.S. Special
Cell, Lodhi Colony, New Delhi from the court of Sh.Daya Parkash, ASJ, Patiala House Court, to the court of Shri Atul Kumar Garg, ASJ, Tis Hazari
Court, Delhi, as the court of Sh.Atul Kumar Garg, had already heard the arguments in the matter.
Counsel for the State submits that the prayer made in this application cannot be allowed, as the Lieutenant Governor of Delhi has issued anotification by which aSpecial Court has been constituted to try and hear cases arising out of Section 489/B/C IPC.
In view ofthe submissions made by counsel for the State and In view of the notification issued by the Lieutenant Governor of Delhi, the prayer made in this petition cannot be allowed, as admittedly Section 489 B/C would fall under the scheduled offences of the National investigation
Agency Act.
Accordingly, the petition stands dismissed.
NOVEMBER 13, 2013 ssn G.S.SISTANI, J 2013:DHC:8236
JUDGMENT