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2015 Supreme(SC) 81

R.BANUMATHI, T.S.THAKUR, ADARSH KUMAR GOEL
Kanaklata – Appellant
Versus
State of (NCT) of Delhi – Respondent


JUDGMENT

T.S. THAKUR, J.

1. Leave granted.

2. This appeal arises out of an order dated 29th August, 2013 passed by a learned Single Judge of the High Court of Delhi whereby the High Court has dismissed T.P. (Crl.) No.31 of 2013 filed by the appellant seeking transfer of Sessions Case No.1006 of 2009 from the Court where it is presently pending to any other Sessions Court at Rohini or Tis Hazari.

3. Sessions Case No.1006 of 2009 arises out of FIR No.156/2008 registered at P.S. Mukherjee Nagar for commission of offences punishable under Sections 323/354 of the IPC and Sections 3(i) (X) (XI) (XV) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities Act), 1989. Additional Sessions Judge, Rohini, before whom the matter is currently pending, appears to have heard the parties on the question of framing of charges and by an order dated 22nd March, 2010 discharged the accused persons for the offences under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act), 1989. The case was in that view made over to the illaqa Magistrate for consideration whether charges under the Indian Penal Code need to be framed in the case.

4. The complainant questioned the discharge














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