SUDESH CHHIKARA vs STATE (GOVT. OF NCT OF DELHI) AND ANR

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI RESERVED ON – 02.12.2024 % PRONOUNCED ON – 17.03.2025. + CRL.M.C. 6572/2024, CRL.M.A. 25124/2024 SUDESH CHHIKARA .....Petitioner Through: Mr. Jaipal Singh, Adv. versus STATE (GOVT. OF NCT OF DELHI) AND ANR .....Respondents Through: 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. CORAM: HON'BLE MR. JUSTICE DINESH KUMAR SHARMA 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 CRL.M.C. 6572/2024 Page 1 of 17 Signature Not Verified Digitally Signed By:PALLAVI VERMA Signing Date:17.03.2025 19:27:25 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 trans