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2025 Supreme(Del) 791
2025:DHC:1693
IN THE HIGH COURT OF DELHI AT NEW DELHI
DINESH KUMAR SHARMA, J.
Sudesh Chhikara – Appellant
Versus
State (Govt. of NCT of Delhi) and Another - Respondents
Crl. M.C. No. 6572 of 2024, Crl. M.A. No. 25124 of 2024
Decided On : 17-03-2025
Advocates Appeared :
For the Appellant : Jaipal Singh
For the Respondents : Hemant Mehla, Kanhaiya Singhal, Ujwal Ghai, Pulkit Jolly, Tamanna Agarwal, Baljit Singh
Mr. Jaipal Singh, Adv., Mr. Hemant Mehla, APP for State, Mr. Kanhaiya Singhal, Amicus Curiae along with Mr. Ujwal Ghai, Mr. Pulkit Jolly and Ms. Tamanna Agarwal, Advs., Mr. Baljit Singh, Adv. for R-2
The Chief Metropolitan Magistrate lacks the authority to transfer cases between courts, as such power is strictly administrative and not judicial.
Headnote:(A) Bharatiya Nagrik Suraksha Sanhita, 2023 - Section 450 - Code of Criminal Procedure, 1973 - Section 410 - Transfer of cases - The court ruled that the Chief Metropolitan Magistrate lacks the power to transfer cases between Metropolitan Magistrates, as such power is only administrative and not judicial. (Paras 10, 11, 12)
(B) Judicial Powers - The distinction between administrative and judicial powers of the Chief Metropolitan Magistrate and Additional Chief Metropolitan Magistrate was emphasized, clarifying that judicial powers are not conferred on the Additional Chief Metropolitan Magistrate without a High Court order. (Paras 10, 12)
Facts of the case:
The petitioner challenges an order transferring a complaint case from one Metropolitan Magistrate to another, asserting that the Additional Chief Metropolitan Magistrate exceeded jurisdiction.
Findings of Court:
The court found the impugned order unsustainable as it overstepped the powers granted to the Chief Metropolitan Magistrate.
Issues: The core issue was whether the Chief Metropolitan Magistrate has the authority to transfer cases between courts.
Ratio Decidendi: The court concluded that the transfer power under Section 410 Cr.P.C. is administrative and does not extend to transferring cases upon application.
Result: Petition allowed; impugned order set aside.
JUDGMENT :
DINESH KUMAR SHARMA, J.
1. The present petition has been filed under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023 (hereinafter referred as BNSS) challenging the order dated 07.06.2024 passed by the Additional Chief Metropolitan Magistrate (ACMM), West Delhi in Case M-17/2024 titled Baljeet Singh vs. Sudesh Chhikara. Learned ACMM vide the impugned order, upon a transfer application filed by Respondent no.2, transferred the complaint case bearing CC No. 6895/2019 from the court of learned MM-07, West, Tis Hazari Court to the Court of learned MM-02 (Mahila Court), Tis Hazari Courts, Delhi wherein another connected matter bearing MC No.533/2020 was pending adjudication between the parties.
2. Shorn of the details, Respondent No.2 is the father-in-law of the Petitioner and they are locked in several litigations pertaining to matrimonial disputes between the Petitioner and son of Respondent No.2. The present petition has been filed predominantly on the ground that under Section 410 Code of Criminal Procedure 1973 ( hereinafter referred as Cr.PC), the Chief Metropolitan Magistrate or Additional Chief Metropolitan Magistrate has no power to transfer a case from one criminal Court to another criminal Court in its jurisdiction. The petitioner has submitted that as per Section 19(3) of the Cr.PC., the Chief Metropolitan Magistrate has jurisdiction only to the extent of distribution of business among the Metropolitan Magistrate. It has also been submitted that Ld. ACMM did not even issue notice before passing the impugned order.
3. The question involved in the present petition is relating to the power of the Chief Metropolitan Magistrate/Additional Chief Metropolitan Magistrate relating to transfer of case from one Court of Metropolitan Magistrate to another Court of Metropolitan Magistrate. Since the case was of importance, this Court appointed Sh. Kanhaiya Singhal, Advocate as an Amicus Curiae. The Court records appreciation for Sh. Kanhaiya Singhal, Advocate who rendered the able assistance to the Court.
4. Before proceeding further it is necessary to examine the relevant provision of the Code of Criminal Procedure, 1973 and Bhartiya Nagrik Suraksha Sanhita, 2023. Relevant provisions of the Code of Criminal Procedure, 1973 read as under:
“Section 12 Chief Judicial Magistrate and Additional Chief Judicial Magistrate, etc.
1. In every district (not being a metropolitan area), the High Court shall appoint a Judicial Magistrate of the first class to be the Chief Judicial Magistrate.
2. The High Court may appoint any Judicial Magistrate of the first class to be an Additional Chief Judicial Magistrate, and such Magistrate shall have all or any of the powers of a Chief Judicial Magistrate under this Code or under any other law for the time being in force as the High Court may direct.
3. (a) The High Court may designate any Judicial Magistrate of the first class in any sub-division as the Sub- divisional Judicial Magistrate and relieve him of the responsibilities specified in this section as occasion requires.
(b) Subject to the general control of the Chief Judicial Magistrate, every Sub-Divisional Judicial Magistrate shall also have and exercise, such powers of supervision and control over the work of the Judicial Magistrates (other than Additional Chief Judicial Magistrates) in the sub- division as the High Court may, by general or special order, specify in this behalf.
Section 15. Subordination of Judicial Magistrates.
1. Every Chief Judicial Magistrate shall be subordinate to the Sessions Judge; and every other Judicial Magistrate shall, subject to the general control of the Sessions Judge, be subordinate to the Chief Judicial Magistrate.
2. The Chief Judicial Magistrate may, from time to time, make rules or give special orders, consistent with this Code, as to the distribution of business among the Judicial Magistrates subordinate to him.
Section 17. Chief Metropolitan Magistrate and Additional Chief Metropolitan Magistrate.
1. T
