Court transferred a complaint case u/s 200 Cr.P.C. to Rouse Avenue Courts because the main charge under s. 302 IPC is pending there, noting the下手 court lacked inter-district transfer powers.
Complaint case transferred to Rouse Avenue Courts to be listed before the Principal District & Sessions Judge.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
$~103
Through: None.
versus
MANSHI ALIAS MAMTA ..... Respondent Through: None. CORAM: HON'BLE MS. JUSTICE JYOTI SINGH
O R D E R % 24.04.2024
“It is submitted by Sh. M.S Phartyal that FIR No.155/15, u/s 302 IPC PS Crime Branch has already been registered in the present case and pending for trial before concerned court at Rouse Avenue Court Complex. It is further submitted that the present file be also tagged with the main chargesheet.
Submissions heard. File perused.
Since the main charge-sheet is pending before Rouse Avenue Court, the present file be put up up before Ld. Principal District & Session Judge, Shahdara District, Karkardooma Court, Delhi, for further orders on 02.04.2024 at 02:00 pm.
TR.P.(CRL.) 40/2024 Page 1 of 2
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 25/07/2024 at 12:20:19
Complainant is directed to appear before the Ld. Principal District & Session Judge, Shahdara District, Karkardooma Court, Delhi, for 02.04.2024 at 02:00 pm.
Ahlmad is directed to send the file complete in all respects.”
3. On 02.04.2024, learned Principal District & Sessions Judge passed the following order:-
“File received in pursuance to the order dated 18.03.2024, passed by Ms. Vidhi Gupta Anand, Ld. CMM, Shahdara District, KKD Courts, Delhi, for passing further orders with respect to transfer of the matter to Rouse Avenue Court Complex where FIR No. 155/15, U/s 302 IPC, PS Crime Branch has already been registered in the present case and pending for trial before the concerned court. Order perused.
Since, I am not having powers of inter-district transfer of cases, hence, the matter be placed before Ld. Registrar General, High Court of Delhi, New Delhi with the request to do the needful….”
JYOTI SINGH, J
APRIL 24, 2024/kks
TR.P.(CRL.) 40/2024 Page 2 of 2
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 25/07/2024 at 12:20:19
1 issue framed by the court
whether a complaint case under Section 200 Cr.P.C. should be transferred to the court where the main FIR under Section 302 IPC is pending trial
2 provisions across 2 enactments
Nilofar
Manishi Alias Mamta
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
