Sita Ram Khadelval v. State of NCT of Delhi & Anr.

Delhi HC19 Mar 2026TR.P.(CRL.)/18/2026

Case brief

AI extract

What is this about?

Delhi High Court, TR.P.(CRL.) 18/2026 & CRL.M.As. 8377-8378/2026, Sita Ram Khadelval v. State of NCT of Delhi & Anr., Prateek Jalan, J., 19.03.2026: transfer of Section 156(3) CrPC proceedings pending before JMFC-03, Central District, Tis Hazari Courts refused at this stage; transfer petition disposed of with liberty to the petitioner to seek an early decision from the Magistrate's Court; rights and remedies reserved; no notice to respondent No. 2; no comment on merits.

What did the court decide?

No transfer of proceedings at this stage; petitioner granted liberty to approach the learned Magistrate's Court for an early decision on his Section 156(3) CrPC application; rights and remedies of the parties reserved in the event of an adverse decision. ¶¶21

Sita Ram Khadelval Vs State of NCT of Delhi & Anr. — Delhi HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the proceedings pending before the Judicial Magistrate First Class-03, Central District, Tis Hazari Courts, New Delhi (arising out of the petitioner's application under Section 156(3) CrPC) should be transferred.

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Court's answer

The Court saw no reason to transfer the proceedings at this stage.

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Ratio / Principle

The petitioner was at liberty to approach the learned Magistrate's Court for an early decision on his application, which the Magistrate's Court may consider in accordance with law having regard to its Board and the age of the matters pending before it.

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Key takeaways

The transfer petition, alongwith the pending applications, was disposed of.ratio¶¶21
The rights and remedies of the parties, in the event of an adverse decision, remain reserved.obiter¶¶22
Notice had not been issued to respondent No. 2, and the order is not intended to make any comment on the merits of the petitioner's application before the learned Magistrate's Court.obiter

Detailed headnote1 paragraphs

Transfer Petition (Criminal) — transfer sought of proceedings pending before the Judicial Magistrate First Class-03, Central District, Tis Hazari Courts, New Delhi, arising out of the petitioner's application under Section 156(3), Code of Criminal Procedure, 1973; by order dated 14.11.2024 the Magistrate's Court had put the application up for arguments on 11.02.2025, and it remained pending with no final order passed. Held, disposing of the transfer petition alongwith pending applications: there was no reason to transfer the proceedings at this stage; the petitioner may approach the learned Magistrate's Court for an early decision on his application, to be considered in accordance with law having regard to its Board and the age of the matters pending before it; the parties' rights and remedies in the event of an adverse decision remain reserved; notice was not issued to respondent No. 2 and no comment is made on the merits of the application before the Magistrate's Court (Prateek Jalan, J., 19.03.2026).

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$~119

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- TR.P.(CRL.) 18/2026 & CRL.M.As. 8377-8378/2026

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SITA RAM KHADELVAL .....Petitioner Through: Mr. Pankaj Srivastava, Advocate.

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versus

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STATE OF NCT OF DELHI & ANR. .....Respondents Through: Ms. Manjeet Arya, APP.

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CORAM: HON’BLE MR. JUSTICE PRATEEK JALAN

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O R D E R % 19.03.2026

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The petitioner has filed the present transfer petition seeking transfer of proceedings pending before the Judicial Magistrate First Class-03, Central District, Tis Hazari Courts, New Delhi, arising out of an application filed by him under Section 156(3) of the Code of Criminal Procedure, 1973.

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Mr. Pankaj Srivastava, learned counsel for the petitioner, has drawn my attention to an order dated 14.11.2024, by which the learned Magistrate’s Court has recorded as follows:

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“ One ATR is already on record.

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Fresh status report alongwith previous ATR filed. Put up for arguments on the application u/s 156(3) Cr.PC on 11.02.2025. ”

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Mr. Srivastava submits that the application remains pending before

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the learned Magistrate’s Court, and no final order has yet been passed.

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In these circumstances, I do not see any reason to transfer the

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TR.P.(CRL.) 18/2026

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Page 1 of 2

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This is a digitally signed order.

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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 23/03/2026 at 12:14:27

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proceedings at this stage. If the petitioner so wishes, he may approach the learned Magistrate’s Court for an early decision on his application, which the learned Magistrate’s Court may consider in accordance with law, having regard to its Board and the age of the matters pending before it.

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The transfer petition, alongwith pending applications, is disposed of.

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Naturally, the rights and remedies of the parties, in the event of an adverse decision, remain reserved.

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It may also be noted that notice has not been issued to respondent No. 2 in this petition, and the present order is not intended to make any comment on the merits of the application filed by the petitioner before the learned Magistrate’s Court.

PRATEEK JALAN, J

MARCH 19, 2026

‘Bhupi/KA’/

TR.P.(CRL.) 18/2026

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Page 2 of 2

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This is a digitally signed order.

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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 23/03/2026 at 12:14:27

Sita Ram Khadelval v. State of NCT of Delhi & Anr.

Case brief

What is this about?

What did the court decide?

Sita Ram Khadelval v. State of NCT of Delhi & Anr.

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

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