In a petition filed before the Delhi High Court seeking directions to transfer the present case from the Additional Sessions Judge (ASJ), Patiala House Courts, to ASJ, Karkardooma Courts for the pronouncement of judgment, A Single Judge Bench of Justice Arun Monga refused to interfere in a previous order by the Court and directed for the matter to be listed before the transferee judge.
The matter arose out of a First Information Report (FIR) filed for offences under Sections 302, 174A,120B, and 34 of the Indian Penal Code, 1908, and Sections 25 and 27 of the Arms Act, 1959.
The Court took note of an earlier order and found that a report had been filed stating that on 31-05-2025, the Presiding Judge of the Patiala House Courts was transferred to the Karkardooma Courts. Despite several hearings of the case at the Karkardooma Courts, no judgment was pronounced, and the matter was repeatedly adjourned. Thereafter, by order dated 24-07-2025, the file was remanded to the Patiala House Courts.
By the said order, the Presiding Officer clearly stated that due to the number of issues and witnesses involved, some assistance was required before the judgment could be delivered. The Court opined that when a judicial officer believes that a judgment cannot be passed without certain clarifications, it becomes a matter for a court hearing.
The Court stated that the Presiding Officer could not be forced to pronounce judgment because the same had been reserved earlier. Thus, the Court held that no interference was required and directed that the matter be listed before the transferee Judge.
Lastly, while disposing of the petition, the Court said that it would be appreciated if the transferee judge takes up the matter on priority.
Appearances:
For Petitioner – Mr. M.L. Yadav, Mr. Harish Chand, Mr. Anant Chittoria, Mr. P.C. Arya, Mr. Prashant, Mr. Vipakshi Rana
For Respondent – Ms. Richa Dhawan
