Ankit v. State (NCT of Delhi)

1. The present petition has been moved with the following prayer: “a) Pass an Order thereby quashing of the Order dated 17.04.2023 passed by the Court of Principal District and Sessions Judge, North District, Rohini Courts; b) Transfer of the said case from the Court of Ld. ASJ-04, North District, Rohini Courts to some other court of competent jurisdiction;”

2. Learned counsel for the petitioner has challenged the order dated 17.04.2023 whereby the learned Principal District and Sessions Judge has declined the request for the transfer of the case arising out of FIR CRL.M.C. 2975/2023 No.596/2021 under Section 307 IPC and 25/27/54/59 of the Arms Act registered at PS Jahangir Puri to some other court on the ground that there was no compliance of Section 207 Cr.P.C. and no legible copies of the documents was supplied to him. During the course of submissions, learned counsel for the petitioner has also submitted that he had also taken the plea for the transfer of the case on the ground that six public witnesses have been summoned by the learned Trial Court together and it is humanly impossible for him to cross-examine all the witnesses together. Learned counsel for the petitioner submits that the learned Session Judge has wrongly rejected his application for transfer. I have seen the order dated 17.04.2023 passed by learned Principal District and Sessions Judge. Learned Principal District and Sessions Judge has gone into all the contentions raised by the learned counsel for the petitioner and has passed a detailed and speaking order. The Principal District and Sessions Judge has taken into account all the facts and circumstances and I do not find any illegality or perversity in this order. It is the domain of the Principal District and Sessions Judge and I consider that the present petition it will not be appropriate for the High Court to interfere with the same, hence the present petition is dismissed.

DINESH KUMAR SHARMA, J APRIL 27, 2023