Manmeet Singh & ORS. v. State (NCT Of Delhi) & ANR.

$~45 * IN THE HIGH COURT OF DELHI AT NEW DELHI + TR.P.(CRL.) 3/2018 & CRL.M.A. 40575/2019 SH. MANMEET SINGH & ORS.

..... Petitioners Through Mr. V.K. Ohri and Mr. Pawan Madan, Advocates

Versus

STATE (NCT OF DELHI) & ANR.

..... Respondents Through Mr. G.M.Farooqui, Additional Public Prosecutor for respondent No.1/State Mr. R.P.S.Kasana, Advocate with respondent No.2 in person

CORAM:

HON'BLE MR. JUSTICE BRIJESH SETHI

O R D E R

% 21.01.2020 Vide this petition, transfer of Crl.Case 6379/2017 pertaining to FIR No. 107/2017, under Sections 498A/406/506/34 IPC, registered at police station Rani Bagh, Delhi pending before the court of learned Metropolitan Magistrate in North West District, Rohini, Delhi to the court of learned Additional Sessions Judge at Saket Court Complex, District South, New Delhi, where SC Case No. 355/2017, pertaining to FIR No. 88/2017, registered at police station Hauz Khas, New Delhi for the offences under Sections 376/377/354/506/509/323/341/34 IPC is sought. Learned counsel appearing for second respondent on instructions submits that there is no objection if the Crl.Case 6379/2017 pertaining to FIR No. 107/2017, under Sections 498A/406/506/34 IPC, registered at

police station Rani Bagh, Delhi is transferred to the court of learned Additional Sessions Judge at Saket Court Complex, District South, New Delhi, where SC Case No. 355/2017, pertaining to FIR No. 88/2017, registered at police station Hauz Khas, New Delhi is pending. It is submitted by counsel representing both the sides that SC Case No. 355/2017, pertaining to FIR No. 88/2017, registered at police station Hauz Khas, New Delhi is listed before the court of Ms. Vineeta Goyal, learned Additional Sessions Judge, at Saket Court Complex, District South, New Delhi for 22nd February, 2020.

Heard.

Since both the FIRs are co-related and a part of their content ovelap each other and the alleged offence under Sections 376/377/354/506/ 509/323/341/34 IPC is committed while the victim was being harassed by the accused persons for demand of dowry, it will be in the interest of justice that if both the cases are tried by one court i.e. court of learned Additional Sessions Judge at Saket Court, New Delhi. The petition is, therefore, allowed in the interest of justice. The case bearing Crl.Case 6379/2017 pertaining to FIR No.

107/2017, under Sections 498A/406/506/34 IPC, registered at police station Rani Bagh, Delhi is transferred to the court of Ms. Vineeta Goyal, learned Additional Sessions Judge, at Saket Court Complex, District South, New Delhi for trial in accordance with law. Ms. Sanya Dalal, leanred Metropolitan Magistrate (Mahila Court), North-West District, Rohini Courts, Delhi is directed to send the file to learned District and Sessions Judge Saket, New Delhi for 13th February, 2020.

Let the parties appear before learned District & Sessions Judge,

Saket Court Complex, District South, New Delhi on 13th February, 2020 for assigning the case [Crl.Case 6379/2017 pertaining to FIR No. 107/2017, under Sections 498A/406/506/34 IPC, registered at police station Rani Bagh, Delhi] pending before the court of learned Metropolitan Magistrate in North West District, Rohini, Delhi to the court of Ms. Vineeta Goyal, learned Additional Sessions Judge, at Saket Court Complex, District South, New Delhi.

The petition and application stand disposed of with aforesaid directions.

Dasti.

BRIJESH SETHI, J JANUARY 21, 2020 r