Poonam Kumari vs State (Nct) Of Delhi & Anr.
2016 Latest Caselaw 4755 Del

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*         IN THE HIGH COURT OF DELHI AT NEW DELHI

                                           DECIDED ON : 22nd JULY, 2016

+       TR.P.CRL.13/2016 & CRL.M.A.No.3624/2016
        POONAM KUMARI                                        ..... Petitioner
                             Through :    Mr.Harsh Prabhakar, Advocate.

                             versus
        STATE (NCT) OF DELHI & ANR.                          ..... Respondents
                             Through :    Ms.Meenakshi Dahiya, APP.

         CORAM:
         HON'BLE MR. JUSTICE S.P.GARG

S.P.GARG, J. (Oral)

1. Present petition under Section 407 Cr.P.C. has been filed by the petitioner for transfer of the case titled 'State vs. Gopal Dass @ Billu' arising out of FIR No.6/2013 under Sections 506/509 IPC registered at PS Inderpuri pending trial at present before Metropolitan Magistrate, Mahila Court-2, South-West, Dwarka Courts, New Delhi, to the concerned Court at Patiala House Courts, New Delhi.

2. Notice of the petition was given to the respondent No.2. He put appearance on 28.04.2016 and sought time to file response. However, on the adjourned date, he did not opt to appear.

3. I have heard the learned counsel for the petitioner and have examined the Status Report filed by the State. It has come on record that

various other cases pending between the parties are listed for hearing before the Courts at Patiala House Courts. It is informed that FIR No.64/2013 under Sections 354A/323/34 IPC has been registered at PS Inderpuri at the instance of the present petitioner against respondent No.2 and others. Cross- case vide FIR no.65/2013 under Sections 354A/323/34 IPC registered at PS Inderpuri on the complaint of R-2's sister against the petitioner and her brother is also listed therein. Similarly, another case vide FIR No.149/2013 under Section 509 IPC registered at PS Inderpuri at the instance of present petitioner is also pending there.

4. The petitioner alleged that on 12.12.2013 she and her brother were threatened by R-2 at Dwarka Courts. She lodged a complaint with Commissioner of Police (Annexure 'A8').

5. Considering the above facts, the instant case vide FIR No.6/2013 under Sections 506/509 IPC registered at PS Inderpuri pending disposal at Dwarka Courts is ordered to be transferred for disposal as per law to the concerned Court at Patiala House Courts. The parties shall appear before learned District and Sessions Judge, Patiala House Courts, Delhi on 01.08.2016 who shall assign the present case vide FIR No.6/2013 under Sections 506/509 IPC registered at PS Inderpuri to the Court of competent jurisdiction dealing with other cases between the parties.

6. The petition stands disposed of in the above terms.

(S.P.GARG) JUDGE JULY 22, 2016 / tr