State Govt. of NCT of Delhi v. Ccl M and N

Delhi HC14 Feb 2025TR.P.(CRL.)/15/2025

Case brief

AI extract

What is this about?

Transfer of child-in-conflict-with-law case from JJB-V North-East Delhi to JJB-VI Shahdara; Principal Magistrate as witness having recorded victim's Section 164 Cr.P.C. statement; FIR No. 233/2023 PS Karawal Nagar; offences under Sections 377 and 34 IPC and Section 6 POCSO Act; inter-district transfer by High Court via Registrar General reference; avoidance of conflicting views at trial; TR.P.(CRL.) 15/2025; Sanjeev Narula J.; order dated 14.02.2025.

What did the court decide?

Transfer of the case arising from FIR No. 233/2023, P.S. Karawal Nagar, pending against CCLs ‘M’ and ‘N’, from JJB-V, North-East District to the Juvenile Justice Bord-VI, Institutional Area, Vishwas Nagar, Shahdara District; a copy of the order to be sent to the concerned courts for necessary compliance. ¶¶28

State Govt. of NCT of Delhi Vs Ccl M and N — Child Sexual Offences (POCSO) | Delhi HC (2025)

What the court decided

AI extract

Outcome

¶¶28

Issue for consideration

Whether the case arising from FIR No. 233/2023 pending against CCLs ‘M’ and ‘N’ should be transferred out of JJB-V, North-East District, given that its Principal Magistrate personally recorded the victim's Section 164 Cr.P.C. statement and is therefore a witness, creating a risk of conflicting views if he conducts the trial.

¶¶27

Court's answer

Since the Principal Magistrate, JJB-V, North-East District himself recorded the victim's Section 164 Cr.P.C. statement, he is a witness to it; to avoid conflicting views during trial by the same Magistrate, the case cannot appropriately remain before him.

¶¶27

Ratio / Principle

The case arising from FIR No. 233/2023, P.S. Karawal Nagar, pending against CCLs ‘M’ and ‘N’, stands transferred to the Juvenile Justice Bord-VI, Institutional Area, Vishwas Nagar, Shahdara District.

¶¶27

Key takeaways

The transfer petition is disposed of with the above directions, and a copy of the order is to be sent to the concerned courts for necessary compliance.ratio¶¶28

Detailed headnote1 paragraphs

Delhi High Court (Sanjeev Narula, J.) disposed of a transfer petition (TR.P.(CRL.) 15/2025) instituted on the file being sent up by the Registrar General pursuant to a reference from the Principal District and Sessions Judge, North-East District. As the Principal Magistrate, JJB-V, North-East District had himself recorded the victim's statement under Section 164 Cr.P.C. and was thus a witness to it, the Court held that the case arising from FIR No. 233/2023, P.S. Karawal Nagar (under Sections 377/34 IPC and Section 6 POCSO) against CCLs ‘M’ and ‘N’ should be moved out of JJB-V — the only JJB Board in North-East District — to avoid conflicting views during trial by the same Magistrate. The case was transferred to the Juvenile Justice Bord-VI, Institutional Area, Vishwas Nagar, Shahdara District, and the petition was disposed of with a copy of the order to the concerned courts for compliance.

¶1

$~47

¶2

IN THE HIGH COURT OF DELHI AT NEW DELHI

¶3

- TR.P.(CRL.) 15/2025

¶4

STATE GOVT. OF NCT OF DELHI .....Petitioner

¶5

Through: Mr. Amit Ahlawat, APP for State with Mr. Sartaz Khan, SI, North District and Mr. Vikram Bhati, ASI, PS-Karawal Nagar.

¶6

versus

¶7

CCL M AND N .....Respondent Through: Mr. Deepak Kumar, Advocate. Mr. Md. Hasrat Ali, Advocate for CCL M.

¶8

CORAM:

¶9

HON'BLE MR. JUSTICE SANJEEV NARULA

¶10

O R D E R % 14.02.2025

¶11

The present transfer petition has been instituted pursuant to the order passed by Registrar General of this Court dated 07^th February, 2025, in light of order dated 30^th January, 2025, passed by the Principal District and Sessions Judge, North–East District, Karkardooma Courts, Delhi. The said order reads as follows:

¶12

“This case file has been received in pursuance to the order dated 07.12.2024, passed by Sh. Vipual Sandwar, learned Principal Magistrate, JJB-V, North –East District, Vishwas Nagar, Delhi and order dated 09.12.2024 passed by Sh. Vaibhav Mehta, learned CJM, North-East District, Karkardooma Courts, Delhi.

¶13

In brief, CCL ‘N’ and ‘M’ were facing inquiry before JJB-V for offences under Section 6 and 17 of POCSO Act. Vide order dated 07.12.2024, learned Principal Magistrate, JJB-V observed that perusal of record has revealed that the statement of victim under Section 164 Cr.P.C. was recorded by learned Principal Magistrate of JJB. Therefore, it was

¶14

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 17/02/2025 at 17:33:04

¶15

requested that the matter be placed before the learned CMM, North – East District, Karkardooma Courts, Delhi for making the present matter to any other competent Board.

¶16

Vide order dated 09.12.2024, learned CJM, North-East District Karkardooma Courts, Delhi directed to put up this file before this Court for appropriate orders and necessary directions.

¶17

Heard. It is submitted by both the sides that in view of the observations of learned Principal Magistrate, JJB-V, North-East District, this case cannot be tried by JJB-V, North- East District and therefore, it should be assigned to some other JJB Board. It is reported that in the North-East District, there is only one JJB Board. The undersigned does not have the jurisdiction to effect inter district transfer of case.

¶18

In view of the above facts and circumstances, let this case file be placed before the learned Registrar General of Hon’ble High Court of Delhi.”

¶19

The above order is accompanied by the orders passed by the lower courts as well as the judicial file of the case arising from FIR No. 233/2023 under Sections 377 and 34 of the Indian Penal Code, 1860¹ and Section 6 of the Protection of Children from Sexual Offences Act, 2012² , registered at P.S. Karawal Nagar. The FIR is registered against two Children in Conflict with Law (CCL) - ‘M’ and ‘N’. The said judicial file is perused.

¶20

It is noted that vide minutes of meeting dated 15^th April, 2019, the Administrative and General Supervision Committee of this Court has resolved as under:-

¶21

“The resolution dated 16.01.2017 of this Committee has been reconsidered. It has been resolved to substitute the word "reference" with "transfer petition" in the said resolution. Therefore, henceforth, the request received from District & Sessions Judges and Principal Judges, Family Courts for transfer of case from one District to another District, subordinate to the High Court and competent to try or dispose of the same, upon recusal or for any other reason, shall be placed by the Registry by way of transfer petition before the concerned Bench for

¶22

1 “IPC”

¶23

2 “POCSO Act”

¶24

This is a digitally signed order.

¶25

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 17/02/2025 at 17:33:04

¶26

appropriate consideration and orders”.

¶27

In light of the above, since the Principal Magistrate, JJB-V, North– East District, Vishwas Nagar, Delhi has himself recorded the statement of the victim under Section 164 of the Code of Criminal Procedure, 1973³ , he is a witness to the said statement made by the victim. Therefore, in order to avoid conflicting views during the conduct of trial by the same Magistrate – being Principal Magistrate, JJB-V, North–East District, it is considered appropriate to transfer the case arising from FIR No. 233/2023, P.S. Karawal Nagar, pending against CCL ‘M’ and ‘N’ to the Juvenile Justice Bord-VI, Institutional Area, Vishwas Nagar, Shahdara District.

¶28

With the above directions, the petition is disposed of.

¶29

A copy of this order be sent to the concerned courts for necessary compliance.

¶30

SANJEEV NARULA, J

¶31

FEBRUARY 14, 2025 nk

¶32

3 “CrPC”

¶33

This is a digitally signed order.

¶34

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 17/02/2025 at 17:33:04

State Govt. of NCT of Delhi v. Ccl M and N

Case brief

What is this about?

What did the court decide?

State Govt. of NCT of Delhi v. Ccl M and N

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Sh. Alok Lakhanpal Vs Central Bureau of Investigation

Rameshwar Dayal Vs State of NCT of Delhi & Ors.

Kiran Sharma Vs Raghu Raj Singh

State Vs Shankar

Victim J Vs Govt of NCT of Delhi through & Anr.

State Vs Unknown

Mehima Nanda & Anr. Vs Amritpal Nanda & Ors.

Rohit Malik Vs the State Govt of NCT of Delhi& Anr.

Rajat Kapoor Vs Mansi Sharma & Ors.

Naveen Dutta through Special Power of Attorney Holder and Father Sh. Pran Nath Dutta Vs State of NCT of Delhi and Ors.

Aman Vs State of NCT Delhi

Abhishek Sharma Vs State & Anr.

Hargovind Billore & Anr. Vs the State, Govt. of NCT & Anr.

Tushar Jain Vs State of NCT of Delhi & Anr.