State v. Asif Mohd. Khan

O R D E R %

31.08.2026

¶1The limited request in the present petition is to transfer Criminal Case No. 2155/2023 emanating from FIR No. 09/2023, registered at P.S. Shaheen Bagh, titled as State vs. Asif Mohd. Khan.

¶2The abovesaid case, registered for offences under Sections 186/353/341/153A/504 IPC, was pending in the Court of Dr. Raj Kumar Singh, Ld. JMFC-11, South East District, Saket, New Delhi. However, since the accused (respondent herein) was found to be Ex-MLA of Delhi Legislative Assembly and since there is a designated Court to try matters of MP/MLAs at Rouse Avenue Courts, New Delhi, a request was made to transfer the case to such designated Court, which was acceded to by the learned Trial Court.

¶3The file was taken up by learned Principal District & Sessions Judge, South-East District on 12.08.2026 and vide order dated 12.08.2026, it has The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. TR.P.(CRL.) 70/2026 2

directed the matter to be placed before the Registrar General of this Court for appropriate directions.

¶4In terms of Minutes of Meeting dated 15.04.2019 of the Administrative and General Supervision Committee of this Court, the abovesaid request received from the learned Principal District & Sessions Judge has been directed to be treated as a Transfer Petition.

¶5It is in the abovesaid backdrop that present Transfer Petition has been placed before this Court.

¶6The Registry had been directed to inform learned counsel for the parties about the date on which the matter is to be listed before this Court. Learned APP for the State appears on advance notice, albeit, there is no representation from the side of the concerned accused.

¶7The concerned Magisterial Court vide order dated 30.07.2026, has, specifically, observed that in view of the settled legal position and the fact that the accused is an ex-MLA, it does not have jurisdiction to try the abovesaid case as it is exclusively triable by a Special Court constituted for MP/MLAs at Rouse Avenue Court Complex.

¶8The abovesaid order dated 30.07.2026 has been passed in the presence of the concerned defence counsel.

¶9Keeping in mind the facts placed before this Court, the present petition is allowed. Consequently, the abovesaid Crl. Case 2155/2023 arising out of FIR No. 09/2023, which was pending before the Court of Dr. Raj Kumar Singh, Ld. JMFC-11, South East District, Saket, New Delhi, is withdrawn from his Court and is transferred to the concerned designated Court situated at Rouse Avenue Court Complex. The parties are directed to appear before learned Principal District & Sessions Judge, Rouse Avenue Court Complex The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. TR.P.(CRL.) 70/2026 3

on 14.09.2026 at 2:00 P.M. for requisite assignment to the concerned Court of Competent Jurisdiction.

¶10The petition stands disposed of in aforesaid terms.

¶11A copy of this order be sent to the learned Principal District & Sessions Judges of South-East District, Saket, New Delhi and of Rouse Avenue Court Complex.

MANOJ JAIN, J AUGUST 31, 2026/ss/sa The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

TR.P.(CRL.) 70/2026 1 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010404442026 + TR.P.(CRL.) 70/2026 STATE .....Petitioner Through: Mr. Sunil Kumar Gautam, APP for the State with SI Neeraj. versus ASIF MOHD. KHAN .....Respondent Through: None. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN