Delhi High Court
S P Gupta vs State & Anr. on 13 January, 2015
Author: Sunil Gaur
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: January 13, 2015
+ CRL.M.C. 515/2013 & Crl.M.A.No.1684/2013
S P GUPTA ..... Petitioner
Through: Mr. Vijay Aggarwal, Ms. Chaitali
Jain, Mr. Jatin Sethi, Ms.
Samprikta, Mr. Yudhvir & Mr.
Tarun Chandiok, Advocates
versus
STATE & ANR. .....Respondents
Through: Mr. Vinod Diwakar, Additional
Public Prosecutor for State
Mr. Mohit Mathur, Mr. Vikram
S.Panwar, Mr. Ashok Sharma, Mr.
Pranav Mathur & Ms. Vasudha
Data, Advocates
+ TR.P.(CRL.) 56/2014 & Crl.M.A.No.12781/2014
S P GUPTA ..... Petitioner
Through: Mr. Vijay Aggarwal, Ms. Chaitali
Jain, Mr. Jatin Sethi, Ms.
Samprikta, Mr. Yudhvir & Mr.
Tarun Chandiok, Advocates
versus
STATE & ANR .....Respondents
Through: Mr. Vinod Diwakar, Additional
Public Prosecutor for State
Mr. Mohit Mathur, Mr. Narendra
Mann, Mr. Babar Mehmood & Ms.
Vasudha Data, Advocates
Crl.M.C.No. 515/2013 & Tr.P.No. 56/2014 Page 1
CORAM:
HON'BLE MR. JUSTICE SUNIL GAUR
JUDGMENT
% (ORAL)
With the consent of parties, above-captioned two petitions were
heard together and are being disposed of by this common judgment. In
the above-captioned first petition, quashing of trial court's order of 23rd
January, 2013 is sought. Vide aforesaid order learned Chief Metropolitan
Magistrate has refused to transfer FIR No.90/2000 & 99/2002 both
registered at Police Station Connaught Place, New Delhi and FIR
No.148/2002 registered at Police Station Defence Colony, New Delhi and
FIR No.315/2005 registered at Police Station Naraina, Delhi to one
Court. In the above-captioned second petition, transfer of complaint case
No.2513/2007 pending at Saket Court is sought to a court of competent
jurisdiction at Patiala House Courts.
At the hearing, learned counsel for petitioner had submitted that
competent court of jurisdiction to try these cases is at Patiala House Court
Complex but due to personal reasons, the trial court at Patiala House
Courts vide order of 8th July, 2011 had directed placing of these cases
before the learned Chief Metropolitan Magistrate at Tis Hazari Courts
and since the ACMM, New Delhi has been promoted. Therefore, it is
prayed that these matters ought to be heard by the competent court of
jurisdiction at Patiala House Courts and the complaint case pending in
Saket Courts also deserves to be transferred to Patiala House Courts and
to be clubbed with the aforesaid cases. The plea taken is that the
Crl.M.C.No. 515/2013 & Tr.P.No. 56/2014 Page 2
petitioner-accused is a senior citizen and it is not convenient for him to
travel to Tis Hazari Courtss and he is residing near the Patiala House
Courts Complex and counsels, who are representing him are also mainly
practicing in Patiala House Courts. Lastly, it was submitted on behalf of
petitioner that trial of these cases is yet to begin and so these cases ought
to be clubbed together and be tried at the Court of competent jurisdiction
at Patiala House Courts.
On behalf of respondents, it is submitted that there are directions
by different courts for expeditious trial of these cases and shifting of these
cases from one court to another would delay the trial of these cases and it
would defeat the directions given by a Coordinate Bench of this Court. It
was pointed out that with the consent of petitioner these cases were
transferred to Tis Hazari Courts and now petitioner cannot turn around
and seek transfer of these cases to Patiala House Courts.
Upon hearing and on perusal of material on record, I find that
shuttling of cases from one court to another Court is not in the interest of
administration of justice. Afore-referred four cases and one complaint
case is already being tried at the Tis Hazari Courts and one complaint
case between the parties is pending in Saket Courts. Merely by change of
a judicial officer, transfer or re-transfer of a case is not warranted. So far
as the criminal complaint which is pending at Saket Courts is concerned,
this Court finds that the same can be tried alongwith other pending cases
of the parties at Tis Hazari Courts.
In view of aforesaid, these two petitions are disposed of while
refusing to transfer the cases to Patiala House Courts but with a direction
that Complaint Case No.2513/2007 pending in the Court of MM, Saket
Crl.M.C.No. 515/2013 & Tr.P.No. 56/2014 Page 3
District Courts, New Delhi be placed before Chief Metropolitan
Magistrate at Tis Hazari Courts to be listed in the court of competent
jurisdiction along with other pending cases of the parties, so that the
directions issued by a Coordinate Bench of this Court for expeditious
disposal of these cases can be complied with in letter and spirit.
Both the petitions and applications are accordingly disposed of.
(SUNIL GAUR)
JUDGE
JANUARY 13, 2015
vn
Crl.M.C.No. 515/2013 & Tr.P.No. 56/2014 Page 4
