Trial court at South-West found it had no jurisdiction as the offence occurred in PS Sagarpur, which belongs to New Delhi District per High Court orders dated 19.02.2013. On reference, the High Court transferred SC No.65/2017 to Patiala House Courts, New Delhi.
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STATE ..... Petitioner
Through: Mr. Yudhvir Singh Chauhan, APP for State.
versus
JOHN KHADKA ALIAS DHAN BHANDKAR KHADKA AND ORS. ..... Respondents Through:
CORAM:
HON'BLE MS. JUSTICE JYOTI SINGH
O R D E R % 07.03.2024
"Present file had been received from the court of Ms. Manika, Ld. ASJ (FTC), South-West in terms of order dated 31.01.2024 observing therein that her court has no jurisdiction to try this case as while the FIR was registered at Crime Branch, the place of offence is Sagarpur Delhi, therefore, the case falls within the jurisdiction of PS Sagarpur, which falls under New Delhi District.
I have perused the order dated 31.01.2024 passed by the Ld. ASJ (FTC), South-West.
It is pertinent to mention that vide order No.06/DHC/Gaz./G-3/Vl.E.2(a) 2013 as well as order no.05/DHC/Gaz./G-l/Vl.E.2(a) 2013 both dated 19.02.2013 of the Hon'ble High Court of Delhi, the cases pertaining to PS Sagarpur were ordered to be transferred to New Delhi District and consequently, all the cases pertaining to PS Sagarpur were transferred accordingly. However, due to oversight, the present case could not be transferred at that time and during the pendency of the matter, it was
Page 1 of 3
TR. P. (CRL.) 21/2024
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 18/03/2024 at 15:50:47
learnt by the trial court that it ought to be sent to New Delhi District and, therefore file has been forwarded to this court for passing further orders.
Since a considerable period of time has elapsed since the year 2013, therefore, file cannot be now sent directly to the New Delhi District. Thus, in view of the fact that this court has no power to transfer the cases to other district, reference is drawn and the matter may be accordingly sent to Hon'ble High Court of Delhi so that the reference is registered as Transfer Petition and is placed before the concerned Hon 'ble Bench for necessary directions in the matter.
Accused John Khadka, Purnima Adhikari and Ramphal to appear before the Ld. Registrar General, High Court of Delhi.”
Page 2 of 3
TR. P. (CRL.) 21/2024
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 18/03/2024 at 15:50:47
JYOTI SINGH, J
MARCH 07, 2024
B.S. Rohella
TR.P.(CRL.) 21/2024
Page 3 of 3
Page 3 of 3
TR. P. (CRL.) 21/2024
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 18/03/2024 at 15:50:47
1 issue framed by the court
Should Sessions Case No. 65/2017 be transferred from South-West District to New Delhi District, Patiala House Courts, given the trial court lacked jurisdiction?
State
John Khadka alias Dhan Bhandkar Khadka
Jyoti Singh
As recorded by the court registry
A petition to transfer a criminal case from one court to another.
Judgements on the same questions, provisions and authorities, from every court
