Search Results Page

Search Results

1 - 2 of 2 (0.87 seconds)

Karan vs State Nct Of Delhi on 27 November, 2020

1. The appellants have been convicted by the ld. Additional Sessions Judge under Sections 302/34 IPC. The ld. Addl. Sessions Judge reserved the judgment, after conclusion of the arguments, on 06th March, 2020 while being posted at Karkardooma Courts. On 13th March, 2020, ld. Addl. Sessions Judge was transferred from Karkardooma Courts to Rohini Courts and he pronounced the impugned judgments on 09th July, 2020. The appellants have challenged impugned judgments on the two grounds: first, that the ld. Addl. Sessions Judge ceased to have jurisdiction in respect of Karkardooma Courts matters upon being transferred with immediate effect vide transfer order No.10/G-I/Gaz.IA/DHC/2020 dated 13th March, 2020 and he was not empowered to deal with this case which was tried in the jurisdiction of Karkardooma Courts and second, that Note 2 appended to the transfer order dated 13th March, 2020 which empowered the judicial officers to pronounce the judgment/order in the reserved matters, was invalid. Reliance is placed on the Division Bench judgment of this Court in Jitender @ Kalle v. State, (2013) 196 DLT 103 (DB).
Delhi High Court Cites 146 - Cited by 0 - J R Midha - Full Document

State vs . Jitender @ Kalle on 25 April, 2013

4. Ld Additional Public Prosecutor, on the other hand, has strongly opposed the transfer of the cases. It is argued that in the judgment Jitender @ Kalle Vs State in CRL.A nos. 666/2010 and 667/2010 dated 02.11.2012 decided by Division Bench of Hon'ble High Court, the cases were remanded back to the concerned court with the direction to decide the same. Therefore, the judgment as per directions of Hon'ble High Court is to be passed by the court of Ld ASJ-02 and the transfer application is not maintainable. It is argued that in case of grievance of the accused against direction of Hon'ble High Court, he should approach Hon'ble High Court instead of filing the application for transfer. It is also argued that false allegations are levelled by accused himself in his application for transfer which only shows that accused wants to get transfer order by levelling false allegations against the Presiding Officer, this practice should not be encouraged so the applications should be dismissed.
Delhi District Court Cites 6 - Cited by 0 - Full Document
1