SHIVANI CHANANA Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) The present petitions have been filed seeking transfer of the following three criminal cases from the competent courts in Rohini Courts to the competent courts in Karkardooma Court, Delhi:

(2.) Counsel for the petitioner submits that the matrimonial home of the petitioner fell within the jurisdiction of Rohini Courts, Delhi. The petitioner left her matrimonial home in August, 2020 and moved to Preet Vihar. All the aforesaid cases were filed by her in February, 2021 before the competent courts having jurisdiction in Rohini Courts, Delhi. It is submitted that the petitioner is finding it inconvenient to appear before the Rohini Courts on account of her residing in Preet Vihar, Delhi, which is closer to Karkardooma Courts and therefore, seeks transfer of the aforementioned cases to the competent Courts in Karkardooma Courts.

(3.) Learned APP appearing on behalf of the State submits that as per the averments made in the FIR, the cause of action falls within the jurisdiction of Rohini Courts. He has drawn attention of the Court to Sub-Sec. (b) and (d) of Sec. 178 of the CrPC to submit that in the present case, Rohini Courts have the jurisdiction to entertain the present cases and the petitioner has duly chosen to invoke jurisdiction of these courts. He further submits that the complaint cases cannot be transferred solely on the basis of inconvenience caused to the petitioner.