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).