Disposed

Swaraj Sharma v. the State & Anr.

Delhi HC15 Jan 2024TR.P.(CRL.)/4/2024

Case brief

AI extract

What is this about?

Discharged a criminal petition seeking case transfer under Sections 407 and 482 Cr.P.C. The petitioner conceded the ground for transfer under Section 407 Cr.P.C. was not applicable, prompting withdrawal. The petition and a pending application were disposed of as withdrawn.

What did the court decide?

Petition disposed of as withdrawn; liberty granted to file a fresh petition on a proper ground.

Swaraj Sharma Vs the State & Anr. — Civil Procedure and Limitation | Delhi HC (2024)

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$~52

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- TR.P.(CRL.) 4/2024, CRL.M.A.1264/2024 (Stay)

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SWARAJ SHARMA ..... Petitioner Through: Mr.Vishaal Sharma, Mr.Abhishek, Advocates.

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versus

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THE STATE & ANR. ..... Respondent Through: Mr.Digam Singh Dagar, APP for State.

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CORAM:

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HON'BLE MS. JUSTICE JYOTI SINGH

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O R D E R % 15.01.2024

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This petition has been filed under Section 407 Cr.P.C. read with Section 482 Cr.P.C. seeking transfer of cases bearing CT Case No.458/2022 pending in the Court of learned MM, Rohini Courts as well as MT Case No.32/2022 and HMA No.73/2022 pending before the Principal Judge, Family Court, Rohini Courts, Delhi, to Karkardooma Courts, Shahdara District, on account of alleged atrocities and unwarranted acts of beating etc. committed upon the Petitioner by the lawyers, at the instance of Respondent No.2, during mediation proceedings at the Rohini Courts.

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After canvassing some arguments, learned counsel for the Petitioner concedes that the ground, on which the transfer of the cases pending before the Rohini Courts is sought, does not fall within the parameters of Section 407 Cr.P.C. Learned counsel, therefore, seeks to withdraw the present petition, with liberty to file a fresh petition seeking transfer on the ground TR.P.(CRL.) 4/2024 Page 1 of 2

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This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/05/2024 at 12:00:53

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that it would be in the interest of justice if all matters pending between the same parties are heard and tried in the same Sessions Division, in accordance with Section 407 Cr.P.C.

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In view of the aforesaid, present petition is disposed of as withdrawn granting liberty to the Petitioner as prayed for, in accordance with law. Pending application also stands disposed of.

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JYOTI SINGH, J

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JANUARY 15, 2024/ DU

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TR.P.(CRL.) 4/2024

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Page 2 of 2

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Swaraj Sharma v. the State & Anr.

Case brief

What is this about?

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Swaraj Sharma v. the State & Anr.

Case brief

What is this about?

What did the court decide?

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