Manish Anand & Ors. v. State of NCT of Delhi

Delhi High Court · 11 Oct 2013 · 2013:DHC:8232
G.S. Sistani
TR.P.(CRL.) 24/2013 & Crl.M.A.8403/2013
2013:DHC:8232
criminal petition_dismissed

AI Summary

The Delhi High Court declined to transfer a criminal case from Rohini Court to Patiala House Courts, holding that adequate police protection at the existing court negates the need for transfer despite apprehensions of threat.

Full Text
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HIGH COURT OF DELHI
TR.P.(CRL.) 24/2013 & Crl.M.A.8403/2013
MANISH ANAND & ORS. Petitioners Througfi : Mr.B.N. Govardhan, Adv. for jvir.jitender Jain, Adv.
VERSUS
STATE OF NCT OF DELHI Respondent
Through : Mr.Firoz Khan Ghazi, Adv. along with SI
Jagtar Singh, P.S. Prashant Vihar.
CORAM:
HON'BLE MR. JUSTICE G.S.SISTANI
11.10.2013
ORDER

1. By the present petition filed under Section 407 of the Code of Criminal Procedure the petitioners seek transfer of Criminal Case Bearing FIR No.183/2012 registered under Sections 323/341/506/34 IPC and Sections 25/27/54/59 Arms Act, Police Station Prashant Vihar, from the Court of Metropolitan Magistrate, Rohini, to the Court of Chief Metropolitan Magistrate or any other Metropolitan Magistrate in Patiala House Courts.

2. Learned counsel for the petitioners submits that the petitioners seek transfer of the above case FIR on the ground that the complainant in the said FIR is a Lawyer, who is practising in Rohini Courts, and each time the petitioners herein attend the Court they meet with stiff resistance and there is also threat to their life.

3. Notice in this matter was issued. Status report has been handed over by learned counsel for the State in Court today, as per which, 2013:DHC:8232 there is a police post in Rohini Court Complex, the petitioners can approach the police for their safety and security and in case such a request is made necessary security will be provided to the petitioners.

4. In view of the stand taken by the State in the status report, the prayer made in this application is declined. However, in case of any threat, the petitioners will approach the police post at Rohini Court Complex before the next date. The police shall provide necessary protection to the petitioners.

5. With these directions petition and application stand disposed of. G.S.SISTANI, J OCTOBER 11, 2013 msr