Saturday, April 9, 2022

Transfer of a case - Mere apprehension of threat of life is not a sufficient ground to transfer a case, without lodging a complaint or substantiating said ground.

This petition is filed by the petitioner for transfer of Complaint No. 3105 of 2021 titled as "Vishal Mahajan v. Dinesh Mahajan" filed under Sections 420 and 506 of the Indian Penal Code pending in the Court of Chief Judicial Magistrate, Jammu to Tis Hazari Courts, Delhi.
In Ground 'D' of the Transfer Petition, an apprehension of threat of life merely on receiving notice on the above-mentioned complaint, has been shown.
The learned counsel appearing on behalf of the petitioner prays for exemption from personal appearance by relying on a judgment titled "Puneet Dalmia v. Central Bureau of Investigation, Hyderabad" reported in (2020) 12 SCC 695 , inter-alia contending that exemption from personal appearance may be granted.
The order passed by this Court in Puneet Dalmia v. Central Bureau of Investigation, Hyderabad (supra) does not apply in the instant transfer petition merely on the basis of apprehension.
 In view of the afore-said, this Court does not find any ground to transfer the Complaint No. 3105 of 2021 pending in the Court of Chief Judicial Magistrate, Jammu to Tis Hazari Courts, Delhi.
The transfer petition is, accordingly, dismissed.

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