Harjinder Singh & ORS v. State Of Delhi & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 1563/2014 HARJINDER SINGH & ORS ..... Petitioners Through :Mr. Manoj Srivastava, Mr. Girish Khanna and Mr. Anuj Tyagi, Advs.

Versus

STATE OF DELHI & ANR ..... Respondents Through :Mr.

Saleem Ahmed, Standing Counsel (Crl.) with Mr. Ajay Pratap Singh, Adv. along with SI Kuldeep Kumar, P.S.

Maurya Enclave for respondent no. 1 Mr.

Subhiksh Vasudev, Adv.

for respondent no. 2

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 30.04.2015 During the course of hearing, learned counsel for the petitioners submits that on the complaint of respondent no. 2, FIR no. 94/2009 under Sections 498-A/406 IPC was registered at Police Station Maurya Enclave. After completion of investigation, charge-sheet has been filed and trial is pending before the Metropolitan Magistrate, (Mahila Court), Rohini, Delhi. He further submits that complainant had also filed a criminal complaint under Section 200 of the Code of Criminal Procedure, 1973 for the offences under Sections 307/323/341/506/107/120-B IPC in the court of Chief

Metropolitan Magistrate, Rohini Courts, Delhi, wherein petitioners have been summoned under Sections 323/341/506(1)/34 IPC by the Metropolitan Magistrate (West), Delhi. Learned counsel for the petitioner submits that only relief prayed by the petitioner in this writ petition is that trial pending before Additional Chief Metropolitan Magistrate, Central District, Tis Hazari Courts, Delhi and the complaint case pending before Chief Metropolitan Magistrate, Rohini Courts, Delhi be tried together. Both the cases arise from the matrimonial disputes between the parties while they were being together.

In my view it would be in the interest of parties that same are tried together.

Accordingly, complaint case no. 98/TN/2009 pending in the Court of Sh. Devender Narayan, Metropolitan Magistrate, Central District, Tis Hazari Courts, Delhi is transferred to the court of Ms. Sefali Barnala Tandon, Metropolitan Magistrate, (Mahila Court), Rohini, Delhi, where trial of case arising out of FIR No. 94/2009 under Sections 498-A/406 IPC, Police Station Maurya is pending.

Writ petition is disposed of in the above terms. Dasti. A.K. PATHAK, J.

APRIL 30, 2015/rb