Naresh Goyal & ANR. v. State Of NCT Of Delhi And ORS
$~49 * IN THE HIGH COURT OF DELHI AT NEW DELHI + TR.P.(CRL.) 93/2023 NARESH GOYAL & ANR.
..... Petitioners Through:
Mr. C.L. Gupta with Mr. Vaibhav Gupta, Advocates versus STATE OF NCT OF DELHI AND ORS ..... Respondents Through:
Ms. Richa Dhawan, APP for State with SI Mahesh, P.S. Alipur.
Mr. Bharat Bhushan and Mr. Akhilesh Pandey, Advocates for R-2 and R-4.
Ms. Anjali and Mr. Aditya Ranjan, Advocates for R-3.
CORAM:
HON'BLE MS. JUSTICE JYOTI SINGH
O R D E R
% 30.01.2024 1.
This transfer petition has been filed on behalf of the Petitioners under Sections 407 and 482 Cr.P.C. seeking transfer and consolidation of trial in case FIR No.904/2021 dated 10.11.2021 under Sections 419/420/467/468/ 471/120B/34 IPC registered at P.S. Alipur, pending in the Court of Ms. Neha Gupta Singh, CMM, North District, Rohini District Court; FIR No.28/2022 dated 05.01.2022 under Sections 419/420/467/468/471/120B/34 IPC registered at P.S. Maurya Enclave, pending in the Court of Ms. Vasundhra Chhaunkar, ACMM, North West District, Rohini District Court; Ct. Case No. 171/2021 titled 'Ashish Mann v. Vijaya Goyal & Ors.'; Ct. Case No.172/2021 titled 'Ashish Mann v. Praveen Garg & Ors.' and Ct. Case No.174/2021 titled 'Ashish Mann v. Naresh Kumar Goyal & Ors.', all TR.P.(CRL.) 93/2023 Page 1 of 2 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/03/2024 at 12:47:44
03 complaints pending before Mr. Saurabh Goyal, MM, North District, Rohini District Court.
2.
Learned counsel for the Petitioners, fairly points out that when the petition was listed before the Court on 07.08.2023, Petitioners had stated that they would be satisfied if the two FIRs and the three complaints are transferred before the same Court and gave up the relief of consolidation and joint trial. It is thus submitted that all the 05 cases be sent before the same Court so that there is expeditious disposal of the cases and the transfer will be in the interest of all the parties.
3.
Learned counsel appearing on behalf of Respondents No. 2 and 4 submits that he has no objection to the transfer of the cases to one Court as long as there is no consolidation and joint trial. Similar stand is adopted by counsel for Respondent No. 3.
4.
It is accordingly directed that cases arising out of the aforementioned two FIR Nos. 904/2021 and 28/2022 shall stand transferred to the Court of concerned Metropolitan Magistrate, North District, Rohini District Court, where the three complaint cases being CT Case Nos.171/2021, 172/2021 and 174/2021 are pending.
5.
Matters shall be placed before the concerned Chief Metropolitan Magistrate, North District, Rohini District Court, with advance intimation to the parties, for appropriate orders and further allocation to the concerned Court.
6.
Petition stands disposed of in the aforesaid terms. JYOTI SINGH, J JANUARY 30, 2024/kks/shivam TR.P.(CRL.) 93/2023 Page 2 of 2 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/03/2024 at 12:47:44