Laxmi Narayan Gupta & Ors vs State & Ors
2015 Latest Caselaw 3844 Del

$~27

*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                 RESERVED ON : 29th APRIL, 2015
                                 DECIDED ON : 14th MAY, 2015

+      TR.P.(CRL.) 70/2013

       LAXMI NARAYAN GUPTA & ORS
                                                          ..... Petitioners
                           Through : Mr.Puneet Goel, Advocate.

                           versus

       STATE & ORS
                                                        ..... Respondents
                           Through : Ms.Aasha Tiwari, APP.
                                    Dr.Kanwal Sapra, Advocate.

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

S.P.GARG, J.

1. Present petition under Section 407 Cr.P.C. read with Section

482 Cr.P.C. has been preferred on behalf of the petitioners for transfer of

FIR No.244/2011 under Section 354/323/341/34 IPC and FIR No.

259/2011 under Sections 323/325/34 IPC, registered with Police Station

North Rohini to one Court for adjudication/disposal. The petition is

contested by the respondents.

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

examined the record. It reveals that FIR No.244/2011 (State vs.Laxmi

Narayan & Ors) under Section 354/323/341/34 IPC registered with Police

Station North Rohini is pending adjudication in the court of Ms.Rachna

Tiwari Lakhanpal, Ld.MM, Rohini Court and FIR No. 259/2011 (State

vs. Radhey Shyam Sharma & Ors.) under Sections 323/325/34 IPC

registered with Police Station North Rohini is pending adjudication before

the court of Mr.Manish Gupta, Ld. ACMM, Rohini Court.

3. Undisputedly, both the FIRs arise out of the incident dated

22.08.2011. These are cross-cases registered against each of the parties.

Case vide FIR No.244/2011 is stated to be pending before the Mahila

Court as Section 354 IPC has been added. The other charge-sheet is

pending before the learned ACMM. Since both the FIRs pertain to the

same incident dated 22.08.2011 and the same police station, they require

to be disposed of by one Court to avoid conflicting judgments. No

prejudice would be caused to any of the parties if both the cases are tried

and disposed of by one court.

4. Accordingly case vide FIR No.259/2011 registered with

Police Station North Rohini Court pending before Mr.Manish Gupta or his

successor court shall be transferred to the Court of Ms.Rachna Tiwari

Lakhanpal, Ld. Metropolitan Magistrate, Rohini Court or her successor

court for disposal as per law.

5. The petition stands disposed of accordingly. Copy of the

order be sent to the Courts concerned.

(S.P.GARG) JUDGE MAY 14, 2015 sa