Hendrison Ginting & ORS. v. State Of NCT Of Delhi & ORS.
via Video-conferencing $~8 to 13 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL. M.C. 1678/2020 and Crl. M.A. Nos.11392-94/2020 RAHMANSYAH PUTRA & ORS.
..... Petitioners Through:
Ms. Ashima Mandla, Advocate with Ms.
Mandakini Singh, Advocate.
Versus
STATE (NCT OF DELHI) & ORS.
.... Respondents Through:
Mr. Tarang Srivastava, APP for the State.
Mr. B.S. Shukla, CGSC with Mr. Sawan Kumar, Advocate for UOI.
+ CRL. M.C. 1679/2020 & Crl. M.A. Nos.11395-97/2020 HENDRISON GINTING & ORS.
..... Petitioners Through:
Ms. Ashima Mandla, Advocate with Ms.
Mandakini Singh, Advocate.
Versus
STATE (NCT OF DELHI) & ORS.
.... Respondents Through:
Mr. Tarang Srivastava, APP for the State.
Mr. Amit Mahajan, CGSC with Mr.
Dhruv Pande, Advocate for UOI.
+ CRL. M.C. 1680/2020 & Crl. M.A. Nos.11400-02/2020 TANSHANLO IUSUP & ORS.
..... Petitioners Through:
Ms. Ashima Mandla, Advocate with Ms.
Mandakini Singh, Advocate.
Versus
Crl. M.C 1678/2020 & conn. matters Page of
STATE (NCT OF DELHI) & ORS.
.... Respondents Through:
Mr. Tarang Srivastava, APP for the State.
Mr. Ajay Gupta, Senior Central Government Counsel for UOI.
+ CRL. M.C. 1681/2020 & Crl. M.A. Nos.11404-06/2020 TURGUNBAEVA ZHYRGALKAN & ORS.
..... Petitioners Through:
Ms. Ashima Mandla, Advocate with Ms.
Mandakini Singh, Advocate.
Versus
STATE (NCT OF DELHI) & ORS.
.... Respondents Through:
Mr. Tarang Srivastava, APP for the State.
Mr. Akshay Amritanshu, Senior Panel Counsel for UOI.
+ CRL. M.C. 1685/2020 & Crl. M.A. Nos.11429-31/2020 THEIN WIN & ORS.
..... Petitioners Through:
Ms. Ashima Mandla, Advocate with Ms.
Mandakini Singh, Advocate.
Versus
STATE (NCT OF DELHI) & ORS.
.... Respondents Through:
Mr. Tarang Srivastava, APP for the State.
Ms. Arti Bansal, Advocate for UOI.
+ CRL. M.C. 1686/2020 & Crl. M.A. Nos.11437-39/2020 SAN YI & ORS.
..... Petitioners Through:
Ms. Ashima Mandla, Advocate with Ms.
Mandakini Singh, Advocate.
Versus
Crl. M.C 1678/2020 & conn. matters Page of
STATE (NCT OF DELHI) & ORS.
.... Respondents Through:
Mr. Tarang Srivastava, APP for the State.
Mr. Naginder Benipal, Senior Panel Counsel for UOI.
CORAM:
HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
O R D E R
% 24.08.2020 The petitioners in all these six matters seek similar reliefs. The petitions are accordingly being taken-up together. 2.
The 10 petitioners in CRL.M.C. No. 1678/2020 are Indonesian nationals who are accused in case FIR No. 186/2020 dated 01.04.2020 registered under sections 188/269/270/271 IPC read with section 3 of Epidemic Diseases Act 1897 at PS : Dayalpur.
3.
The 9 petitioners in CRL.M.C. 1679/2020 are also Indonesian nationals who are accused in case FIR No. 79/2020 dated 01.04.2020 registered under sections 188/269/270/120B IPC at PS : Chandni Mahal. 4.
The 12 petitioners in CRL. M.C. 1680/2020 are Kyrgyz nationals who are accused in case FIR No. 85/2020 dated 01.04.2020 registered under sections 188/269/270/120B IPC at PS : Chandni Mahal. 5.
The 04 petitioners in CRL. M.C. 1681/2020 are also Kyrgyz nationals who are accused in case FIR No. 89/2020 dated 02.04.2020 registered under sections 188/269/270/120B IPC at PS : Chandni Mahal. Crl. M.C 1678/2020 & conn. matters Page of
6.
The 07 petitioners in CRL. M.C. 1685/2020 are Burmese nationals who are accused in case FIR No. 74/2020 dated 01.04.2020 registered under sections 188/269/270 IPC read with section 3 of Epidemic Diseases Act 1897 read with section 51(b) of Disaster Management Act at PS : Mansarovar Park.
7.
The 06 petitioners in CRL. M.C. 16862020 are Burmese nationals who are accused in case FIR No. 87/2020 dated 01.04.2020 registered under sections 188/269/270/120B IPC at PS : Chandni Mahal. 8.
In each of the above cases, the petitioners seek quashing of the subject FIRs as also closing of the Look-out Circulars (LoCs) issued against them arising from the subject FIRs.
9.
Ms. Ashima Mandla and Ms. Mandakini Singh, learned counsel appearing for the petitioners submit that in each of these cases, the offences alleged in the subject FIRs are either the same as those alleged in FIR No. 63/2020 dated 01.04.2020 in which these petitioners were also accused; or, in certain cases, no offence whatsoever is made-out. Counsel submits that proceedings against the petitioners in FIR No. 63/2020 have already been closed after all petitioners entered pleabargains. 10.
In the cases arising from the subject FIRs however, multiple charge-sheets have been filed against the petitioners; in some of which Crl. M.C 1678/2020 & conn. matters Page of
cognizance has been taken and some of the petitioners have been summonsed; whereas others matters are pending at different stages. Without delving into other grievances, Ms. Mandla submits that the most immediate grievance is that charge-sheets have been filed in different jurisdictional courts.
11.
Counsel submits that in W.P.(C) No. 600/2020 titled Maulana Ala Hadrami & Ors. vs. Union of India & Anr. that was before the Supreme Court, the petitioners in which cases were in the same position as the present petitioners, the Supreme Court was pleased to transfer the charge-sheets pending in different trial courts in the NCT of Delhi to one and the same court which was seized of the case arising from FIR No. 63/2020 dated 01.04.2020, namely to the learned Chief Metropolitan Magistrate (CMM), South-East, Saket Court Complex, New Delhi, so that all cases could be disposed of expeditiously. 12.
Ms. Mandla further points-out that following the directions issued by the Supreme Court in the aforesaid case, by order dated 11.08.2020, this court has also transferred a batch of petitions bearing Nos. 1623/2020, 1624/2020, 1633/2020, 1636/2020, 1637/2020, 1638/2020, 1639/2020 and 1640/2020 to the court of learned Chief Metropolitan Magistrate (CMM), South-East, Saket, in line with what the Supreme Court had done in the aforesaid matter.
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13.
Ms. Mandla accordingly submits that the present matters may also be dealt with similarly and be transferred to the same court, subject to which the petitioners would withdraw these petitions. 14.
Mr. Tarang Srivastava, learned APP appears for the State (NCT of Delhi) on advance copy ; and submits that the State has no objection to the same direction being made in all these cases as in the batch of petitions referred to above.
15.
Mr. B.S. Shukla, learned CGSC appears in Crl. M.C. No.1678/2020; Mr. Amit Mahajan, learned CGSC appears in Crl. M.C. No.1679/2020; Mr. Ajay Gupta, learned Senior Panel Counsel appears in Crl. M.C. No.1680/2020; Mr. Akshay Amritanshu, learned Senior Panel Counsel appears in Crl. M.C. No. 1681/2020, Ms. Aarti Bansal, learned Senior Panel Counsel appears in Crl. M.C. No.1685/2020 and Mr. Naginder Benipal, learned Senior Panel Counsel appears in Crl. M.C. No.1686/2020 on behalf of the Union of India on advance copy. 16.
Learned CGSCs and Senior Panel Counsel state that the LoCs against the petitioners were opened by the Bureau of Immigration, Ministry of Home Affairs at the request and instance of the Investigating Agency; and that once criminal cases are closed in accordance with law and a request for closing the LoCs is received, the Union of India will have no objection to closing all LoCs and permitting the petitioners to exit the country.
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17.
The aforesaid statement made by the learned CGSCs and Senior Panel Counsel is taken on record.
18.
Accordingly, the present petitions are dismissed as withdrawn with a direction that all charge-sheets in all FIRs from which the present cases arise be transferred to the court of the learned CMM, South-East, Saket Court Complex, New Delhi, to be decided expeditiously, in accordance with law.
19.
It is further directed that the records of all matters be transferred from the respective jurisdictional Magistrates to the court of the learned CMM, South-East, Saket within 5 (five) days of this order. 20.
Petitions stand disposed of with the above directions. 21.
Pending applications, if any, also stand disposed of. ANUP JAIRAM BHAMBHANI, J AUGUST 24, 2020 Ne Crl. M.C 1678/2020 & conn. matters Page of