2024 Supreme(Online)(SC) 9881
IN THE SUPREME COURT OF INDIA CIVIL/CRIMINAL ORIGINAL JURISDICTION TRANSFER PETITION(S) (CRIMINAL) NO(S). 265 OF 2024 PRIYA CHOUDHARY PETITIONER(S)
VERSUS SHASHI KUMAR & ORS. RESPONDENT(S)
WITH TRANSFER PETITION(S) (CRIMINAL) No. 289 OF 2024 TRANSFER PETITION(S) (CIVIL) No. 981 OF 2024
O R D E R
T.P. (CRL.) No.265/2024 and T.P. (CRL.) No.289 OF 202 4 These Transfer Petitions have been filed by the petitioner(s) under Section 406 of the Code of Criminal Procedure, 1973 seeking transfer of case bearing Crl. Complaint No.8/2023, titled ‘Priya Choudhary Vs. Shashi Kumar & Ors.’ pending in the Court of CJM, Kangra at Dharamshala, Signature Not Verified Digitally signed by SWETA BALODI D 16a :t 5e 8: :H2 10 22 Ii4 S. T09m.27achal Pradesh to the Court of CMM, Shahdara, Karkardooma Reason:
Court, Delhi and Case bearing No.125 CrPC/78/2019 titled as ‘Priya Choudhary & Anr. Vs. Shashi Kumar’ from the Court of Principal Judge, Family Court, Kangra at Dharamshala, Himachal Pradesh to the Court of Principal Judge, Family Court, Karkardooma, Delhi.
We have heard learned counsel for the parties.
Having considered the circumstances in their totality, this Court is of the view that, in the interest of justice, transfer of the proceedings, as prayed for, is warranted.
Accordingly, the Transfer Petitions are allowed and case bearing Crl. Complaint No.8/2023, titled ‘Priya Choudhary Vs. Shashi Kumar & Ors.’ pending in the Court of CJM, Kangra at Dharamshala, Himachal Pradesh and case bearing No.125 CrPC/78/2019 titled as ‘Priya Choudhary & Anr. Vs. Shashi Kumar’ from the Court of Principal Judge, Family Court, Kangra at Dharamshala, Himachal Pradesh are hereby transferred to the Court of CMM, Shahdara, Karkardooma Court, Delhi and to the Court of Principal Judge, Family Court, Karkardooma, Delhi respectively.
It shall be open to the respondent to seek exemption from appearing physically unless it is so warranted by the Trial Court and, equally, it shall also be open to the petitioner to request for appearance through video conferencing.
The records of the case be transferred to the Transferee Court forthwith.
All pending applications stand disposed of.
T.P (C) No.981 OF 2024:
Heard learned counsel for the parties.
We are not inclined to entertain the Transfer Petition.
The Transfer Petition is, accordingly, dismissed.
However, liberty is given to the petitioner to appear through video conferencing.
Pending application(s), if any, stand disposed of.
……………………………………………………J.
[M.M. SUNDRESH]
……………………………………………………J.
[ARAVIND KUMAR]
NEW DELHI;
25th SEPTEMBER, 2024 ITEM NO.4 COURT NO.12 SECTION II-C S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Transfer Petition(s)(Criminal) No(s). 265/2024 PRIYA CHOUDHARY Petitioner(s)
VERSUS SHASHI KUMAR & ORS. Respondent(s)
(IA No. 70731/2024 - EX-PARTE STAY)
WITH T.P.(Crl.) No. 289/2024 (II-C)
(IA No. 73090/2024 - STAY APPLICATION)
T.P.(C) No. 981/2024 (XIV)
(IA No. 85367/2024 - EX-PARTE STAY)
Date : 25-09-2024 These matters were called on for hearing today.
CORAM : HON'BLE MR. JUSTICE M.M. SUNDRESH HON'BLE MR. JUSTICE ARAVIND KUMAR For Petitioner(s) Mr. Vishal Raj Sehijpal, Adv.
Mr. Anwar Ahmad Khan, Adv.
Mr. Purushendra Bharadwaj, Adv.
Ms. Priyanka Handa, Adv. Ms. Preeti Chouhan, Adv.
Mr. Nilesh V.shinde, Adv.
Mr. Sagar Dhingra, Adv.
Mr. Vaibhav Aggarwal, Adv.
Mr. Deepak Chopra, Adv.
Ms. Priyanshi Goel, Adv.
Mr. Chand Qureshi, AOR For Respondent(s) Ms. Supriya Juneja, AOR Mr. Yashpreet Singh, Adv.
Mr. Sameer Chaudhary, Adv.
Mr. Sameer Achaudhary, Adv.
Ms. Medha Navami, Adv.
UPON hearing the counsel the Court made the following
O R D E R
T.P. (CRL.) No.265/2024 and T.P. (CRL.) No.289 OF 202 4 The transfer petitions are allowed in terms of the signed order.
Pending application(s), if any, shall stand disposed of.
T.P (C) No.981 OF 2024:
The transfer petition is dismissed in terms of the signed order.
Pending application(s), if any, shall stand disposed of.
(SWETA BALODI) (POONAM VAID)
COURT MASTER (SH) COURT MASTER (NSH)
(Signed order is placed on the file)