Priyanka Batra vs Sandeep Grover & Anr
2020 Latest Caselaw 1089 Del

*     IN THE HIGH COURT OF DELHI AT NEW DELHI

%                               Judgment Reserved On: 21.11.2019
                               Judgment Pronounced On:18.02.2020

+        TR.P.(CRL.) 1/2019 & CRL.M.A. 124/2019 (stay)

         PRIYANKA BATRA                              ..... Petitioner

                            Through     Mr. Pradeep K. Bakshi and Mr.
                                        Ghanshyam Jha, Advocates

                            versus

         SANDEEP GROVER & ANR                        ..... Respondents

                            Through     Mr. Dinesh Goyal, Advocate
                                        for R-1
                                        Mr. G.M. Farooqui, APP for the
                                        State/R-2
CORAM:
HON'BLE MR. JUSTICE BRIJESH SETHI
                    JUDGMENT

BRIJESH SETHI, J.

1. This Transfer Petition under Section 407 Cr.P.C. is filed by the

petitioner for transfer of criminal Case (complaint case) bearing No.

15537/14, titled "Sandeep Grover vs. Priyanka Batra" pending in

the court of Ld. Metropolitan Magistrate, Sh. Anuj Kumar Singh,

District South(Saket), to the court of Sh. Babru Bhan, Ld.

Metropolitan Magistrate, Central District, Tis Hazari Courts, where

criminal complaint bearing no. 511812/2016 titled "Sandeep

Grover vs. Priyanka Batra & Ors." is pending.

2. It is submitted that respondent no. 1 had filed a complaint

bearing no. 511812/2016 under Section 471 IPC on 17th October, 2013

against the petitioner and her husband i.e. Vivek Batra at Tis Hazari

Court alleging that a forged Will dated 29th October, 2002 of one

Ashok Malik was used as the original Will in a civil case in Tis Hazari

Courts in the year 2006 by the petitioner and her husband and the said

complaint case is pending before the court of Sh. Babru Bhan, Central

District, Tis Hazari, Delhi. It is submitted that another complaint case

bearing no.15537/14 under Section 471 IPC for alleged use of forged

Will was also filed by the respondent no. 1 against the petitioner on

30.06.2014 and the same is pending in the court of Sh. Anuj Kumar

Singh, Ld. M.M., South District, Saket Court, Delhi. Since both the

complaints pertain to the alleged use of forged Will on two different

instances and, therefore, two separate complaints falling in the

respective Districts have been preferred by respondent no. 1.

However, it is submitted that principal case of alleged forgery of the

Will of Sh. Ashok Malik was pending at Behror, District Alwar,

Rajasthan where an FIR no. 61/2006 was registered on the complaint

of respondent no. 1 alleging forgery of the aforesaid Will against five

accused persons including the petitioner. The investigating officer

had, however, filed a „closure report‟ under Section 173 of Cr.P.C.

Thereafter, respondent no. 1 had filed a protest petition and Ld. Court

had taken cognizance under Section 200 Cr.P.C. and after recording

the evidence of the respondent no. 1, it had summoned all the accused

persons under Section 420/467/471 and 120B IPC.

3. It is next submitted that petitioner had filed a transfer petition

before the Hon‟ble Supreme Court for transfer of the aforementioned

criminal trial pending before the Court at Behror, District Alwar,

Rajasthan to the court of Sh. Babru Bhan, Ld. MM, Central District,

Tis Hazari Courts, Delhi where another complaint case bearing no.

511812/2016 filed by the respondent no. 1 against the petitioner was

pending trial. The said transfer petition was allowed by Hon‟ble

Supreme Court vide order dated 24.09.2019. It is submitted that since

the cases pending at Saket Courts and Tis Hazari Courts have the

same subject matter as all these complaint cases have been filed

against the petitioner for the alleged use of a forged Will dated 29 th

October, 2002 of Ashok Malik, there is a possibility of conflicting

decisions. It is, therefore, prayed that complaint case pending at

Saket Courts be transferred to Ld. MM at Tis Hazari Courts in the

interest of justice.

4. In reply, respondent no. 1 has stated that instant petition is an

abuse of the process of law and has been filed only to delay and

prolong the matter. The petitioner and her husband are guilty of

forging a Will dated 29.10.2002 of Late Ashok Malik and have

dishonestly and fraudulently used the same as genuine in different

proceedings on different occasions including the court at Behror,

District Alwar, Rajasthan and at Tis Hazari, Delhi and police station

Hauz Khas, New Delhi. It is submitted that Ashok Malik was not

even present in India when the said Will is alleged to have been

executed by him. It is averred that each and every use of the forged

Will by the petitioner and her husband constitute a distinct offence

calling for a separate action under the law. The only ground set forth

in the petition is possibility of conflict of decisions by two courts

which is completely misconceived. It is submitted that there is no

possibility of conflict of decisions in criminal cases for the reason that

each case is disposed of on the basis of its peculiar facts and on the

basis of evidence adduced therein. Mere possibility of conflicting

decisions cannot be a ground for transfer of a criminal case since the

accused is always at a liberty to use and take benefit of a judgment in

his/her favour passed in one case by tendering the same in other case

to the extent of its relevancy under the provisions of the Evidence Act.

It is, therefore, prayed that petition be dismissed in the interest of

justice.

5. I have considered the rival submissions. The main case

arising out of FIR no. 161/2006 dated 06.07.2006, titled "State &

Anr. vs. Vivek Batra & Ors." which was pending in the Court at

Behror, District Alwar, Rajasthan has been transferred to Tis

Hazari Courts, Delhi by Hon‟ble Supreme Court where another

case in the Court of Mr. Babru Bhan, Ld. MM, (Central Distt.), Tis

Hazari Courts, Delhi is pending. The main issues in both the cases

i.e. one pending at Saket Courts and another one at Tis Hazari

Courts is regarding the use of forged Will of Ashok Malik. In

these circumstances, it will be in the interest of justice, if both the

cases are tried by one court so as to avoid conflicting decision on

the point whether the Will is forged or not. Since the main case

arising out of FIR No. 161/2006 registered in Alwar District,

Rajasthan has already been transferred by Hon‟ble Supreme Court

to Tis Hazari Courts and is pending in the Court of Mr. Babru

Bhan, Ld. MM, (Central Distt.), Tis Hazari Courts, Delhi and

another case bearing 511812/2016 is already pending before him,

the case bearing no. 15537/2014, titled "Sandeep Grover vs.

Priyanka Batra" pending at Saket Courts, New Delhi is also

transferred to the court of Ld. MM Mr. Babru Bhan or his

successor court(in case he stands transferred). The present petition

is, therefore, allowed.

6. Ld. MM at Saket Court is directed to send the file of case

bearing no. 15537/14 titled "Sandeep Grover vs. Priyanka

Batra" to the court of Ld. District & Sessions Judge, Central

District, Tis Hazari Courts immediately. Let the parties appear

before the Ld. District & Sessions Judge, (Central District) Tis

Hazari Courts on 20.03.2020 for transferring the case to the court

of Ld. MM Mr. Babru Bhan or his successor court

7. Copy of the order be sent to the concerned courts for

compliance.

8. The petition stands disposed of accordingly.

BRIJESH SETHI, J th 18 Feb., 2020/(AK)