Dhananjay Prsad Mishra Vs Nexgen Energia Ltd. and Ors.

The present petition, filed under Section 447 of the Bharatiya Nagarik Suraksha Sanhita, 2023¹ (formerly Section 407 of the Code of Criminal Procedure, 1973² ), seeks transfer of compliant under section 200 CrPC bearing CT Case No. 1465/2023, titled as Dhananjay Prasad Mishra vs. M/s Nexgen Energia Ltd. & Ors. , pending before the Court of JMFC-03, East District, Karkardooma Court, Delhi to JMFC, Shahdara District, Karkardooma Courts, Delhi, which exercises jurisdiction over Police Station Madhu Vihar.

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Counsel for the Petitioner submits that aforesaid complaint was initially filed before the East District Court at Karkardooma under the bona fide assumption that the matter fell within the territorial jurisdiction of

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1 “BNSS”

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2 “CrPC”

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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 01/07/2025 at 18:02:08

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Police Station Mandawali. In the said proceedings, the Court on 09^th August, 2024, passed the following order:

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“Upon perusal of record, it reveals that all the accused persons are residents of Noida and are not within the jurisdiction of PS Mandawali.

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In view of the Same, SHO/IO is directed to conduct the inquiry u/s 202 Cr.PC specifically regarding the point whether the accused company was having the requisite sanctions/permissions for supply of CBG and Bio diesel and file the report on the NDOH.

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Put up for further proceedings on 12.12.2024.”

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Pursuant thereto, the police officials of P.S. Mandawali submitted their inquiry report dated 12^th December, 2024, stating as follows:

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“It is most respectfully submitted that undersigned has received the abovementioned complaint u/s 202 crpc, after enquiry it is found that the residence of the petitioner (i.e D-259, gali no. 5, west vinod nagar, delhi) comes under the jurisdiction of police station madhu vihar, east district delhi.

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It is further submitted that address D-259, gali no. 5 west vinod nagar, Delhi comes under the jurisdiction of police station madhu vihar, east district, Delhi. Therefore, the present complaint may please be sent or transfer to police station madhu vihar, east district delhi for taking necessary action at their end.”

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In view of the aforementioned inquiry report, the Petitioner realized that his residential address (D-259, Gali No.5, West Vinod Nagar, Delhi) indeed falls within the jurisdiction of P.S. Madhu Vihar, which is under the judicial jurisdiction of the Shahdara District Courts, Karkardooma, Delhi. Consequently, the Petitioner has approached this Court seeking inter-district transfer of the pending complaint from JMFC-03, East District to JMFC, Shahdara District, both located at Karkardooma Courts, Delhi.

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Having considered the facts outlined above and noting particularly that the matter remains at a preliminary stage of pre-summoning, where the Trial Court is yet to take cognizance, this Court finds no necessity to issue

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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 01/07/2025 at 18:02:08

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notice or seek a response from the Respondents.

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Accordingly, present petition is allowed. CT. Cases No. 1465/2023, titled as Dhananjay Prasad Mishra vs. M/s Nexgen Energia Ltd. & Ors .” pending before the Court of JMFC-03 East District, Karkardooma Courts, Delhi, is hereby transferred to the Court of JMFC, Shahdara District, Karkardooma Courts, Delhi.

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Copy of the order be sent to the Principal District and Sessions Judge, for necessary information and compliance.

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With the above directions, the present petition is disposed of along with any pending application.

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SANJEEV NARULA, J

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MAY 9, 2025/ab

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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 01/07/2025 at 18:02:08

Dhananjay Prsad Mishra v. Nexgen Energia Ltd. and Ors.

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Dhananjay Prsad Mishra v. Nexgen Energia Ltd. and Ors.

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