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$-34 HIGH COURT OF DELHI
TR.P.(CRL.) 38/2013
MADHU SUDAN SHARMA Petitioner
Through: Mr. R.M.Sinha, Advocate
TR.P.(CRL.) 38/2013
MADHU SUDAN SHARMA Petitioner
Through: Mr. R.M.Sinha, Advocate
VERSUS
FIVE ELEMENTARY CLOTHING P. LTD. THR.
ITS DIRECTOR Respondent
ITS DIRECTOR Respondent
CORAM:
HON'BLE MR. JUSTICE SUNIL GAUR
31.07.2013 Crl.M.A.No.11313/2013 (Exemption)
Allowed subject to alljust exceptions.
31.07.2013 Crl.M.A.No.11313/2013 (Exemption)
Allowed subject to alljust exceptions.
TR.P.(CRL.) 38/2013 & CrI.M.A.No.11312/2013
Transfer of complaint case No.418/2012 from the Court of Mr. Sunil Beniwal, Metropolitan Magistrate to any other court of competent jurisdiction is sought in this petition. Similar prayer made by petitioner before the learned ChiefMetropolitan Magistrate (South), New Delhi stands declined vide order of8^ May, 2013.
It was urged before this Court by petitioner's counselthat petitioner's complaint against arbitrary misuse of process of law by the concerned
Metropolitan Magistrate is already a subject matter of a complaint made by petitioner to the ChiefJustice ofthis Court, which is being dealt with onthe administrative side and the said complaint is still pending, so dismissal of
Tr. P. (CrI.) No. 38/2013 Page 1 2013:DHC:8228 petitioner's application seeking transfer of this case to another court is patently illegal.
Petitioner's complaint {Annexure D) made on the administrative side to Hon'ble The Chief Justice has been already closed on 3'^ July, 2013.
Otherwise also, upon perusal ofthis petition and the impugned order, Ifind no palpable error in the impugned order declining petitioner's prayer for transfer ofCC No.418/12 to another court.
This petition and the application are accordingly dismissed.
'"^JlLGAUR)
Judge JULY 31, 2013 vn Tr. P. (Crl.) No. 38/2013 ^
2013:DHC:8228
Transfer of complaint case No.418/2012 from the Court of Mr. Sunil Beniwal, Metropolitan Magistrate to any other court of competent jurisdiction is sought in this petition. Similar prayer made by petitioner before the learned ChiefMetropolitan Magistrate (South), New Delhi stands declined vide order of8^ May, 2013.
It was urged before this Court by petitioner's counselthat petitioner's complaint against arbitrary misuse of process of law by the concerned
Metropolitan Magistrate is already a subject matter of a complaint made by petitioner to the ChiefJustice ofthis Court, which is being dealt with onthe administrative side and the said complaint is still pending, so dismissal of
Tr. P. (CrI.) No. 38/2013 Page 1 2013:DHC:8228 petitioner's application seeking transfer of this case to another court is patently illegal.
Petitioner's complaint {Annexure D) made on the administrative side to Hon'ble The Chief Justice has been already closed on 3'^ July, 2013.
Otherwise also, upon perusal ofthis petition and the impugned order, Ifind no palpable error in the impugned order declining petitioner's prayer for transfer ofCC No.418/12 to another court.
This petition and the application are accordingly dismissed.
'"^JlLGAUR)
Judge JULY 31, 2013 vn Tr. P. (Crl.) No. 38/2013 ^
2013:DHC:8228
JUDGMENT