$~46 * IN THE HIGH COURT OF DELHI AT NEW DELHI + TR.P.(CRL.) 105/2025, CRL.M.As. 37729-37730/2025 HARISH CHAND JAIN .....Petitioner Through: Ms. Puja B. Soni, Advocate (DHCLSC) with Petitioner in person.

versus STATE OF NCT OF DELHI .....Respondent Through: Mr. Hemant Mehla, APP for the State with SI Hemant Kumar, PS Jafrabad.

CORAM:

HON'BLE MR. JUSTICE SANJEEV NARULA

O R D E R

% 17.12.2025

1. This petition under Section 447 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeks transfer of Criminal Case No. 81774/2016 titled “State vs. Harish Chand Jain” arising out FIR No. 113/2014 registered under Section 354 of the Indian Penal Code, 1860 at P.S. Jafrabad, pending in the court of JMFC (mahila court-03), Shahdra District, Karkardooma Courts, Delhi to any other court having appropriate jurisdiction.

2. The transfer is sought on the assertion that certain orders passed during the course of trial, including issuance of non-bailable warrants, initiation of proceedings under Sections 82 and 83 Code of Criminal Procedure, 1973,, “Cr.P.C.” the Petitioner’s arrest on 31^st May, 2024, and the manner in which prosecution evidence has been recorded, have created a reasonable

apprehension that the Petitioner will not receive a fair trial from the present Court.

3. The Petitioner had earlier invoked Section 408 Cr.P.C. before the Principal District and Sessions Judge, Shahdara. That application came to be dismissed by a reasoned order dated 17^th September, 2025, after calling for and examining the Trial Court Record; the relevant portion of the order reads as follows:

“ Present transfer application has been filed by the applicant submitting that a case arising out of FIR No. 113/2014 under Section 354/323 IPC of PS Jafrabad is presently pending in the court of Ms.

Nidhi Bala, Ld. JMFC Shahdara.

It is submitted that Ld. Trial Court has failed to appreciate the submissions of the applicant; affected the arrest of the applicant on 31.05.24 from the court of Ms. Ayushi Saxena, Ld. JMFC at the instance of the complainant of the case but failed to provide any remand advocate to him. However, the TCR reveal that on 31.05.24 when he was produced before the Ld. Trial Court, Shri Neeraj Kumar, Ld. LAC was present who intimated the court that Shri Chandermohan Bharadwaj, LAC appointed, for the accused had been informed about the case. Thus, this allegation is ill founded.

It is further alleged that the Ld. Trial Court passed derogatory remarks against the applicant stating that he is a permanent client of DLSA and she tried to get him arrested from the office of DLSA but he managed to escape. Trial court record further reveal that proceedings under Section 82/83 Cr.PC were already initiated against him due to his long absence and failure to execute NBW against him. Hence, any attempt made at the behest of the court to arrest the applicant was totally judicial.

It is further alleged that the ld. Trial court deliberately acquitted the complainant in a connected case between the parties arising out of FIR No. 126/2014 of PS Jafrabad. Thus, the remedy against the acquittal is provided in the Cr.PC and complaint is not a substitute for appeal.

Hence, this ground also does not justify transfer.

It is further stated that remand advocate was provided by the Ld. Trial Court on 20.11.24 and during the period of imprisonment, he lost the eviction case filed by his landlord and eviction order has been passed against him. The first part of the allegation is again contrary to record as a DLSA counsel was already provided to him and the second part again relates to the decision of the court for which remedy exist in law and therefore, no ground for transfer lies.

Lastly, it is submitted that he has not been granted fair opportunity to contest his case. Again the TCR shows that the trial is still at the stage of evidence and the witnesses examined till date have been duly cross- examined by the Ld. LAC appearing for the accused. Thus, I find no ground to entertain the request of t