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$-48 & 50.
HIGH COURT OF DELHI
TR.P.rCRL.) 3/2017 TR.P.(CRL.^ 5/2017 MADHU PURNIMA KISHWAR
Petitioner
Through: Mr. J. Sai Deepak, Mr. Anuj Kapoor, Mr.Avinash K. Sharma &
Mr.Ashutosh Nagar, Advocates.
$-48 & 50.
HIGH COURT OF DELHI
TR.P.rCRL.) 3/2017 TR.P.(CRL.^ 5/2017 MADHU PURNIMA KISHWAR
Petitioner
Through: Mr. J. Sai Deepak, Mr. Anuj Kapoor, Mr.Avinash K. Sharma &
Mr.Ashutosh Nagar, Advocates.
VERSUS
STATE OF NCT OF DELHI & ORS Respondents
Through: Mr. Mukesh Kumar, APP along with SI Rajesh Kumar, PS-Kotla
Mubarakpur, for the State.
Through: Mr. Mukesh Kumar, APP along with SI Rajesh Kumar, PS-Kotla
Mubarakpur, for the State.
CORAM:
HON'BLE MR. JUSTICE VIPIN SANGHI
16.01.2017 Crl. M.A. Nos.791/2017 & 783/2017 Exemptions allowed, subjectto alljust exceptions.
The applications stand disposed of.
TR.P.rCRL.) Nos.3/2017 & 5/2017 and CrLM.A. Nos.782/2017 &
790/2017 Issue notice. Mr. Mukesh Kumar accepts notice.
These are two transfer petitions under Section 407 Cr.P.C. to seek transfer of trial in two different cases, both of which are pendingbefore the
2017:DHC:8578 L MM, Mahila Courts, South District Saket to the MM, Mahila Courts, South-
East District. The case in respect oftransfer petition No.3/2017 is FIR
No.666/2007 registered at PS - Kotla Mubarakpur, whereas the case transfer petition No.5/2017 is FIR No.403/207 registered at the same police station, i.e. PS - Kotla Mubarakpur.
The submission ofthe petitioner is that PS - Kotla Mubarakpur falls within the territorial jurisdiction of the South-East District. The petitioner had moved application under Section 322 Cr.P.C. for transfer ofthe cases to the concerned Court. However, on account ofthe fact that the petitioner is seeking inter-district transfer, the applications in both the cases have been dismissed vide order dated 22.11.2016 holding that the Court is not competent to transfer the matter to the other district. Consequently, the petitioner has preferred the present petitions seeking transfer.
Mr. Mukesh Kumar does not dispute the fact that PS - Kotla
Mubarakpur falls within the South-East District. His only submission is that the cases have been proceeding before the learned MM, Mahila Courts, South District Saket since the beginning and the jurisdiction over PS - Kotla
Mubarakpur was transferred to the South-East District in 2010.
Be that as it may, considering the fact that the trial in two cases have not yet commenced andthe petitioner hasnowbrought it to the notice of the
Court that they should rightfully be tried by the concerned MM in South-
East District, the petitions are allowed. The trial in cases FIR No.666/2007 and FIR No.403/207 registered atPS - Kotla Mubarakpur stands transferred from the Court of learned MM, Mahila Courts, South District Saket to the
MM, Mahila Courts, South-East District.
The order be communicated to the concerned courts.
V
The petitions stand dispokd ofintheaforesaid terms.
Dasti.
JANUARY 16, 2017 B.S. Rohella VIPIN SANGHI, J.
16.01.2017 Crl. M.A. Nos.791/2017 & 783/2017 Exemptions allowed, subjectto alljust exceptions.
The applications stand disposed of.
TR.P.rCRL.) Nos.3/2017 & 5/2017 and CrLM.A. Nos.782/2017 &
790/2017 Issue notice. Mr. Mukesh Kumar accepts notice.
These are two transfer petitions under Section 407 Cr.P.C. to seek transfer of trial in two different cases, both of which are pendingbefore the
2017:DHC:8578 L MM, Mahila Courts, South District Saket to the MM, Mahila Courts, South-
East District. The case in respect oftransfer petition No.3/2017 is FIR
No.666/2007 registered at PS - Kotla Mubarakpur, whereas the case transfer petition No.5/2017 is FIR No.403/207 registered at the same police station, i.e. PS - Kotla Mubarakpur.
The submission ofthe petitioner is that PS - Kotla Mubarakpur falls within the territorial jurisdiction of the South-East District. The petitioner had moved application under Section 322 Cr.P.C. for transfer ofthe cases to the concerned Court. However, on account ofthe fact that the petitioner is seeking inter-district transfer, the applications in both the cases have been dismissed vide order dated 22.11.2016 holding that the Court is not competent to transfer the matter to the other district. Consequently, the petitioner has preferred the present petitions seeking transfer.
Mr. Mukesh Kumar does not dispute the fact that PS - Kotla
Mubarakpur falls within the South-East District. His only submission is that the cases have been proceeding before the learned MM, Mahila Courts, South District Saket since the beginning and the jurisdiction over PS - Kotla
Mubarakpur was transferred to the South-East District in 2010.
Be that as it may, considering the fact that the trial in two cases have not yet commenced andthe petitioner hasnowbrought it to the notice of the
Court that they should rightfully be tried by the concerned MM in South-
East District, the petitions are allowed. The trial in cases FIR No.666/2007 and FIR No.403/207 registered atPS - Kotla Mubarakpur stands transferred from the Court of learned MM, Mahila Courts, South District Saket to the
MM, Mahila Courts, South-East District.
The order be communicated to the concerned courts.
V
The petitions stand dispokd ofintheaforesaid terms.
Dasti.
JANUARY 16, 2017 B.S. Rohella VIPIN SANGHI, J.
JUDGMENT