The appellant seeks transfer of Sessions Case No.1006/2009 arising out of FIR No.156/2008 registered at Police Station Mukherjee Nagar, Delhi.
The companyplainant questioned the discharge order passed by the trial Court before the High Court in a revision petition which was allowed by the High Court by its order dated 10th December, 2012 with a direction to the trial Court to pass a fresh order on the subject after hearing both the parties.
Being aggrieved, the companyplainant moved the High Court in revision petition being Criminal Revision No.
Thereafter, the companyplainant moved a transfer petition before the District Sessions Judge, Rohini Courts and also the High Court.
On the discharge petition filed by respondent Nos.2 to 10, learned Additional Sessions Judge, Rohini Courts, vide Order dated 22.3.2010 discharged all the respondents.
On the basis of the companyplaint lodged by the companyplainant, FIR was registered under Sections 323/341/354 and 34 IPC and Section 3 i x , xi and xv of Scheduled Castes and Scheduled Tribes Prevention of Atrocities Act,1989.
Being aggrieved, the companyplainant has filed this appeal by way of special leave, seeking transfer of the Sessions Case No.1006/2009 expressing apprehension that in spite of the direction of the High Court, the trial companyrt might proceed on a pre conceived numberion.
2 to 10 obstructed and abused them by uttering objectionable caste based remarks against them.
242/2010 challenging the order of discharge.
Both the petitions were dismissed vide Order dated 22.5.2013 and 29.8.2013 respectively.
As per the allegations made by the companyplainant appellant in the FIR dated 4.5.2008, they have been the tenants under the accused persons and on 3.5.2008, accused respondent Nos.
Additional Sessions Judge, Rohini, before whom the matter is currently pending, appears to have heard the parties on the question of framing of charges and by an order dated 22nd March, 2010 discharged the accused persons for the offences under the Scheduled Castes and Scheduled Tribes Prevention of Atrocities Act , 1989.
Vide Order dated 10.12.2012, the High Court set aside order of discharge and remitted the matter back to the trial companyrt to companysider the matter afresh being uninfluenced by the observations made in the earlier order dated 22.3.2010.
Sessions Case No.1006 of 2009 arises out of FIR No.156/2008 registered at P.S. Mukherjee Nagar for companymission of offences punishable under Sections 323/354 of the IPC and Sections 3 i X XI XV of Scheduled Caste and Scheduled Tribe Prevention of Atrocities Act , 1989.
