Ramesh Thakur & Anr. vs State & Anr.
2015 Latest Caselaw 6087 Del

$-26
*    IN THE HIGH COURT OF DELHI AT NEW DELHI

                                    DECIDED ON : 19th AUGUST, 2015

+                         TR.P.(CRL.) 29/2015

       RAMESH THAKUR & ANR.                               ..... Petitioners

                          Through :    Mr.Suresh Tripathi, Advocate.


                          VERSUS

       STATE & ANR.                                       ..... Respondents

                          Through :    Mr.Sanjeev Sabharwal, APP.
                                       Ms.Chandrani Prasad, Advocate
                                       with Ms.Mitali, Advocate for R2
                                       along with R2 in person.
                                       SI Deepak Malik.


       CORAM:
       HON'BLE MR. JUSTICE S.P.GARG

S.P.Garg, J. (Oral)

1. The instant petition has been preferred by the petitioners to

seek transfer of Sessions Case No.219/2014 titled 'State vs. Sharat

Chandra & ors.' pending at present in the Court of Ms.Aditi Chaudhary,

Ld.ASJ (Fast Track Courts), South District, Saket Courts, to the Court of

Mr.Sanjiv Jain, ASJ, Fast Track Courts (South-East), Saket Courts. The

petition is contested by respondent No.2.

2. I have heard the learned counsel for the parties and have

examined the file. Sessions Case No.219/2014 vide FIR No. 610/2007

registered under Sections 376(g)/354/506/384/34 IPC at PS Malviya

Nagar was pending in the Court of Mr.Sanjiv Jain, Ld.ASJ. Order-sheets

on record reveal that part arguments on charge were heard for about two

hours on 05.03.2015. On 09.03.2015, arguments on charge were

concluded on behalf of the accused Praveen Bhargav and Ramesh Thakur

(the petitioners). On 25.03.2015, learned counsel for the complainant /

prosecutrix addressed arguments on charge. She sought 30 to 40 minutes

more to conclude her arguments. On 01.04.2015, the prosecutrix

concluded her arguments; leaned APP also advanced the arguments and

the petitioners filed written submissions. Case was listed for 25.04.2015

for clarifications (if any). On 25.04.2015, since the advocates were

abstaining from work, case was adjourned to 16.05.2015 for seeking

clarifications (if any) / orders on charge at 02.00 p.m. On that day, the

Investigating Officers - Ms.Jaswant Kaur and Insp.Poornima Panthari

were called to seek certain clarifications on 22.05.2015 at 03.30 p.m. On

that day, after required clarifications, the case was finally fixed for orders

for 06.06.2015. Since order was not ready that day, the case was

adjourned to 04.07.2015 for orders on charge. On 04.07.2015, certain

clarifications were sought and after making necessary queries from the

accused and their counsel, the learned Presiding Officer after observing

that no further clarifications were required, listed the case for orders on

14.07.2015 at 03.00 p.m.

3. In the meantime, on administrative side, this Court vide

notification No.55/DHC/Gaz./G-1/VI.E.2(a)/2015 dated 07.07.2015

ordered District and Sessions Judge, South, Saket to withdraw all the

cases of sexual assault on women pertaining to South District from the

Court of Mr.Sanjiv Jain and assign the same to the newly created Court of

Ms.Aditi Chaudhary, ASJ (Spl. Fast Track Court), South, Saket, on her

repatriation to the parent cadre and joining as such. Consequently, the

learned District and Sessions Judge withdrew all such cases from the

Court of Mr.Sanjiv Jain, ASJ. In compliance of the order dated

10.07.2015, No.Judl.II/F.75/South/Saket/2015/No.14228-14227 of the

learned District and Sessions Judge, South Saket Court Complex, the

instant case among others was transferred to the Court of Ms.Aditi

Chaudhary, ASJ on 13.07.2015. At present, the case is listed for

arguments on charge before Ms.Aditi Chaudhary, ASJ.

4. Since arguments on charge have been heard at length on

various dates by Mr.Sanjiv Jain, ASJ and the matter was listed for orders

on 14.07.2015 at 03.00 p.m., it is expedient to transfer the case to the

Court of Mr.Sanjiv Jain, ASJ to pronounce order on charge. It will avoid

considerable delay in rehearing the arguments afresh by the Court of

Ms.Aditi Chaudhary, ASJ. The respondent No.2 has given no plausible

reasons to oppose transfer of the case to Mr.Sanjiv Jain, ASJ. She has not

expressed any apprehension that the Court of Mr.Sanjiv Jain, ASJ would

not render impartial justice. Had there been no transfer of the sexual

offence cases on the administrative side, it was the Court of Mr.Sanjiv

Jain, ASJ who were to pronounce the order on charge on 14.07.2015. It is

also in the interest of the victim / prosecutrix that the order on charge is

pronounced promptly for expeditious disposal of the case.

5. In the interest of justice and for expeditious trial of the case,

Sessions Case No.219/2014 vide FIR No. 610/2007 registered under

Sections 376(g)/354/506/384/34 IPC at PS Malviya Nagar, presently

pending in the Court of Ms.Aditi Chaudhary, ASJ is ordered to be

transferred to the Court of Mr.Sanjiv Jain, ASJ for the limited purpose of

announcing order on charge as per law. After the pronouncement of order

on charge on merits, the case would be sent back to the Court of Ms.Aditi

Chaudhary, Ld.ASJ for disposal, as per law.

6. The transfer petition is disposed of in the above terms.

7. Trial Court record (if any) be sent back forthwith with the

copy of the order through 'Special Messenger'.

8. Order 'dasti.'

(S.P.GARG) JUDGE

AUGUST 19, 2015 / tr