Final Order 5

Order Details: COPY OF ORDER
Pdf Text: T. P. Crl. No.1/2025
Reema Jain Vs. Sanjay Jain And Ors.
28.01.2025
Present : Sh. Ravindra Narayan, Ld. Counsel for applicant
alongwith applicant.
Sh. Praveen Aggarwal and Sh. Ashok Kumar, Ld.
Counsel for non applicants alongwith non applicants
no.1 and 2.
Submissions heard.
Put up for orders at 4:00 pm.
(RENU BHATNAGAR)
Principal District & Sessions Judge
Shahdara, KKD Delhi/28.01.2025
At 4:00 pm.
Present : None.
1. Vide this order I shall decide the application of the
applicant, moved under Section 448 of Bhartiya Nagrik
Suraksha Sanhita (in short ‘BNSS’), seeking transfer of his
Crl. Appeal No.294/2024, pending in the court of Ms.
Surabhi Sharma Vats, Ld. ASJ-04, Shahdara District, KKD
Courts, Delhi, to some other court of competent
jurisdiction.
2. It is stated that the applicant is complainant in DV case
No.404/2013, pending in the court of Ms. Moksha Bains,
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JMFC (Mahila Court), Shahdara District, KKD Courts,
Delhi, and against the order of the said court dated
20.12.2024 the applicant has filed an appeal under section
29 of DV Act and the same is marked to the court of Ms.
Surabhi Sharma Vats, Ld. ASJ (SHD) for disposal as per
law and is now fixed for hearing for 04.01.2025.
3. It is stated that the applicant had filed a complaint before
CAW Cell (East) and on the basis of said complaint case,
FIR No.499/2005, U/s.406/498A/34 IPC was registered
against the respondents and other persons at PS Shakar Pur
and the same was tried and dismissed by the court of Ms.
Surabhi Sharma Vats, the then MM (East), KKD Courts,
Delhi, which was later on restored to its original Number
by the court of Sh. Kuldeep Narayan Ld. ASJ (East). KKD
Courts, Delhi.
4. It is stated that it would be against the principles of natural
justice in case the appeal so listed before the court of Ms.
Surabhi Sharma Vats, Ld. ASJ, Shahdara District, KKD
Courts, Delhi, is heard and decided by the said court,
which may cause prejudice to the case of the applicant.
5. It is stated that the appeal came up for hearing before the
court of Ms. Surabhi Sharma Vats, Ld. ASJ (SHD) on
24.12.2024 and Ld. Court in its order of the said date had
echoed the same apprehension. Thus, it would be
expedient for the ends of justice that the appeal bearing
Crl. Appeal No.294/2024 is transferred to some other court
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of competent jurisdiction in the same sessions division.
6. Notice of the transfer application was not issued to non
applicants as it was submitted by counsel for applicant that
the appeal which is sought to be transferred is at the initial
stage wherein, notice to the respondents is not yet issued.
However, despite notice, appearance was put by counsel
for non applicants stating that he has come to know about
this transfer application of his own and wants to appear in
this matter to make submissions. He was allowed to make
submissions.
7. It is submitted by Ld. Counsel for non applicants that the
applicant is in habit of leveling aspersions of bias against
judges whenever she does not get any favourable order
from any court and even she had also earlier moved a
transfer application. It is submitted that this court is fully
competent to hear and decide the criminal appeal, and
vehemently opposed the transfer of the criminal appeal.
8. I have heard the submissions of both the sides and have
perused the comments of the Ld. Presiding Officer.
9. The applicant has not leveled any aspersions against the
Ld. Presiding Officer of being bias qua the applicant. It is
the only grievance of the applicant that since Ms. Surabhi
Sharma Vats, Ld. ASJ-04, Shahdara District, KKD Courts,
Delhi, while presiding over Mahila Court, had tried and
dismissed a matter between the same parties bearing case
FIR No.499/2005, PS Shakarpur, registered under Section
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406/498-A IPC, therefore it would be against the principles
of natural justice if the appeal under DV Act based on
same facts is heard and decided by the same court as this
may cause prejudice to the case of the applicant.
10. Admittedly, earlier the case between the parties bearing
case FIR No.499/2005, PS Shakarpur, registered under
Section 406/498-A IPC was heard and disposed of by the
court of Ms. Surabhi Sharma Vats, Ld. ASJ-04, Shahdara
District, KKD Courts, Delhi, who was the then Ld. MM
and now the appeal sought to be transferred under DV Act
is listed before her, giving real apprehension in the mind of
the applicant. No prejudice is caused to the other side, if
the case is transferred since in the case, he has not yet been
summoned to appear by the court. Ld. ASJ in her
comments has also endorsed this fact and commented that
in order to allay the apprehensions of any
party/complainant or her advocate, matter may be
transferred from her court for which she has no objection.
11. It is the settled principle that justice should not only be
done but should also seen to have been done.
12. Hence, in view of the above discussion, the transfer
application is allowed. The criminal appeal bearing CA
No.294/2024, titled as
Reema Jain Vs. Sanjay, is
withdrawn from the court of Ms. Surabhi Sharma Vats, Ld.
ASJ-04, Shahdara District, KKD Courts, Delhi and is
transferred to the court of Sh. Arvind Bansal, Ld. District
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Judge-05, Shahdara District, KKD Courts, Delhi, to be
tried as per law.
13. Transfer application stands disposed of as allowed.
14. Copy of the order be sent to both the courts for information
and compliance. Parties are directed to appear before Ld.
Transferee Court on 31.01.2025.
15. The transfer application file be consigned to record room.
(RENU BHATNAGAR)
Principal District & Sessions Judge
Shahdara, KKD Delhi/28.01.2025
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