PRAKASH GOSWAMI vs STATE OF NCT OF DELHI AND ORS

Judgment text excerpt

$~32 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 29th May, 2025 + CRL.M.C. 3965/2025, CRL.M.A. 17284/2025 & CRL.M.A. 17375/2025 PRAKASH GOSWAMI S/o Late Sh. B. L. Goswami D-233, West Kidwai Nagar New Delhi- 110023 .....Petitioner Through: Mr. Sonal Sinha and Mr. Vikas Yadav, Advocate versus STATE OF NCT OF DELHI AND ORS .....Respondents Through: Mr.Utkarsh, APP for the State with CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA J U G D M E N T (oral) 1. Petition under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “Cr.P.C.”)/528 of the Bhartiya Nagrik Suraksha Sanhita, 2023 has been filed for setting aside the Order dated 15.04.2025 of Ld. Principal District & Sessions Judge whereby the Transfer Petition filed by the Petitioner, Prakash Goswami seeking transfer of the CA 133/2022 from the Court of Additional Sessions Judge, South, Saket to any other court has been dismissed, in TP Crl. No. 32/2024. 2. Briefly stated, the Petitioner, Prakash Goswami is an ex-Service man, who took premature retirement from Army on compassionate ground in Signature Not Verified CRL.M.C.3965/2025 Page 1 of 5 Digitally Signed By:VIKAS ARORA Signing Date:30.05.2025 17:29:22 April, 1988. He took the premises No. F-5, Hauz Khas Enclave (rear basement) on a monthly rent of Rs.3,000/- per month from late Sh. B.R. Saxena, to start his resettlement venture in the name of M/s Trinaini Associates. The rent was being paid in cash and after the demise of Sh. B.R. Saxena, the rent was paid to his son Sh. Atul Saxena and his wife Ms. Geeta Saxena. At times, the Petitioner used to pay the rent to Sh. V.P. Jauhrey, brother-in-law of Sh. Atul Saxena. 3. The Petitioner, Prakash Goswami employed one Naveen Saxena as a photographer in the Firm on the recommenda