APARNA SHARMA Vs. SHO

JUDGEMENT

(1.) THE present petition is filed by the petitioner under Articles 226/227 of the Constitution of India read with Section 482 Cr.P.C. praying inter alia for transfer of case No.12194/2010 arising out of FIR No.30/2011 dated 24.2.2011 from the court of the learned ACMM, Karkardooma Courts, Delhi, to any other court of competent jurisdiction.

(2.) COUNSEL for the petitioner states that the dispute, subject matter of the aforesaid FIR, is between the petitioner, who is the wife of respondent No.2, and respondents No.3 to 5. The aforesaid FIR is lodged by the petitioner/complainant under Sections 498A/406/34 IPC with PS Mansarover Park, Delhi. He submits that the aforesaid complaint came up for hearing before the learned Metropolitan Magistrate on 29.11.2010, who transferred the same to the court of learned ACMM on the point of jurisdiction.

(3.) IT is stated that on 2.12.2010, the petitioner/complainant had filed an application for transfer of the case from the court of learned ACMM to another Court. In the aforesaid application, the ground taken for seeking transfer of the case from the court of the learned ACMM to another court was that it had come to the knowledge of the petitioner that the son-in-law of respondent No.4 was a friend of the learned ACMM and hence, an apprehension was expressed by the petitioner/complainant that she would not get fair and impartial justice from the said learned ACMM. The aforesaid application came up for hearing before the Sessions Court on 3.12.2010 and notice was issued to the respondents returnable on 15.12.2010. A copy of the order 3.12.2010 is handed over by the learned counsel for the petitioner/complainant and the same is taken on record. In the meantime, comments of the learned ACMM were called for by the Sessions Court, which were forwarded by him on 10.12.2010.