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J. R. MIDHA, RAJNISH BHATNAGAR, BRIJESH SETHI
Karan – Appellant
Versus
State NCT of Delhi – Respondent
| Table of Content |
|---|
| 1. the validity of judicial authority and procedural compliance (Para 1 , 2) |
| 2. factual background of the crime and procedural history (Para 3 , 4 , 5 , 6) |
| 3. the necessity for judicial review of administrative decisions (Para 10 , 11 , 12) |
| 4. irregularities in procedure that do not vitiate the trial (Para 17 , 18 , 29 , 30) |
| 5. application of the de facto doctrine in judicial context (Para 44 , 53 , 152) |
JUDGMENT
J.R. Midha, J. The appellants have been convicted by the ld. Additional Sessions Judge under Sections 302/34 IPC. The ld. Addl. Sessions Judge reserved the judgment, after conclusion of the arguments, on 06th March, 2020 while being posted at Karkardooma Courts. On 13th March, 2020, ld. Addl. Sessions Judge was transferred from Karkardooma Courts to Rohini Courts and he pronounced the impugned judgments on 09th July, 2020. The appellants have challenged impugned judgments on the two grounds: first, that the ld. Addl. Sessions Judge ceased to have jurisdiction in respect of Karkardooma Courts matters upon being transferred with immediate effect vide transfer order No.10/G-I/Gaz.IA/DHC/2020 dated 13th March, 2020 and he was not empowered to deal with this case whic
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