Kanaklata vs State Of Nct Of Delhi & Ors

4. The complainant questioned the discharge order passed by the trial Court before the High Court in a revision petition which was allowed by the High Court by its order dated 10th December, 2012 with a direction to the trial Court to pass a fresh order on the subject after hearing both the parties. It was at this stage, that the complainant expressed an apprehension about the fairness of the approach which the trial Court may adopt in view of the findings recorded in the order of discharge earlier passed by her. The complainant (appellant herein) expressed these fears first in T.P. (Crl.) No.31 of 2013 filed before the Sessions Judge, Rohini which was dismissed by the said court by order dated 22nd May, 2013 holding that since no other officer in North West District in Delhi has been notified for trial of cases under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities Act), 1989 the prayer for transfer in essence was tantamount to asking for a transfer to another district which could be allowed only by the High Court. It was in the above backdrop that the complainant filed T.P. (Crl.) No.31 of 2013 before the High Court seeking transfer of the case to any other Court competent to try the same outside Rohini District. That application, as noticed above, has been dismissed by the High Court in terms of the order impugned in the present appeal primarily on the ground that the order passed by the High Court has made it sufficiently clear that the observations made in the order passed by the trial Court shall not influence any fresh order which the said Court may pass pursuant to the remand made by the High Court. The High Court has also observed that the complainant (appellant herein) had while filing Crl. R.P. No.242 of 2010 against the discharge order expressed no apprehension nor sought transfer of the case from the Court where it is pending to any other Court.

2. The appellant seeks transfer of Sessions Case No.1006/2009 arising out of FIR No.156/2008 registered at Police Station Mukherjee Nagar, Delhi. As per the allegations made by the complainant/appellant in the FIR dated 4.5.2008, they have been the tenants under the accused persons and on 3.5.2008, accused/respondent Nos. 2 to 10 obstructed and abused them by uttering objectionable caste based remarks against them. On the basis of the complaint lodged by the complainant, FIR was registered under Sections 323/341/354 and 34 IPC and Section 3(i) (x), (xi) and (xv) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act,1989. On the discharge petition filed by respondent Nos.2 to 10, learned Additional Sessions Judge, Rohini Courts, vide Order dated 22.3.2010 discharged all the respondents. Being aggrieved, the complainant moved the High Court in revision petition being Criminal Revision No. 242/2010 challenging the order of discharge. Vide Order dated 10.12.2012, the High Court set aside order of discharge and remitted the matter back to the trial court to consider the matter afresh being uninfluenced by the observations made in the earlier order dated 22.3.2010. Thereafter, the complainant moved a transfer petition before the District & Sessions Judge, Rohini Courts and also the High Court. Both the petitions were dismissed vide Order dated 22.5.2013 and 29.8.2013 respectively. Being aggrieved, the complainant has filed this appeal by way of special leave, seeking transfer of the Sessions Case No.1006/2009 expressing apprehension that in spite of the direction of the High Court, the trial court might proceed on a pre-conceived notion.

6. We are mindful of the fact that the transfer ordered by us may cause inconvenience and harassment to the accused persons but that can, in our opinion, be taken care of by directing that in case an application for exemption from personal appearances is filed, the Court concerned shall consider the same and pass appropriate orders in accordance with law.

7. In the result, we allow this appeal, set aside the order passed by the High Court and direct that Sessions Case No.1006 of 2009 pending in the Court of Additional District and Sessions Judge, Rohini shall stand transferred from that Court to the Court of Sessions Judge, Tis Hazari, who shall try the same himself or make it over to any other Court duly notified and competent to do so. Record of the case shall be transmitted to the transferee Court expeditiously.

I have had the benefit of going through the judgment proposed by his Lordship Justice T.S. Thakur. For the reasons which I have indicated below, I am unable to agree with the proposed final decision and in my view, the present appeal is liable to be dismissed.

9. Appellant has not made out any sufficient ground for transfer and the request for transfer is bereft of merits. The High Court has rightly dismissed the transfer petition and same does not warrant any interference by this Court. The appeal is dismissed.

.........................................J. (R. Banumathi) New Delhi;

February 4, 2015