Mahendra P Garg v. Central Bureau Of Investigation

$~23 * IN THE HIGH COURT OF DELHI AT NEW DELHI + TR.P.(CRL.) 27/2018 MAHENDRA P GARG ..... Petitioner Through: Mr. N. Hariharan, Sr. Adv. with Aditya V. Singh and Mr. Prateek Bhalla, Advs.

Mr. N. Hariharan, Sr. Adv. with Dr. Sushil Kumar Gupta, Shri Satyabeer Singh, Advs. for Manoj Kumar Aggarwal.

versus CENTRAL BUREAU OF INVESTIGATION ..... Respondent Through: Mr. Anupam S. Sharrma, SPP for CBI with Mr. Prakash A., Adv.

CORAM:

HON'BLE MR. JUSTICE NAJMI WAZIRI

O R D E R

% 26.07.2018 The petitioner seeks transfer of his case titled as CBI vs. Manoj Kumar Agarwal & Ors. In FIR/RC 6(A)/2009/ CBI/ACU-IV/New Delhi for the offences punishable under section 109 IPC r/w section 13(l) (e) & section 13 (2) of the Prevention of Corruption Act, 1988 from the Patiala House District Court to Karkardooma Courts Session Division on the ground that he is a resident of Ghaziabad, is a patient of Atherosclerotic Disease and has undergone placement of a stent in the Petrous segment of the Internal Carotid Artery (in the brain) as well as an Angioplasty with a placement of a stent in the Coronary Artery for the purpose of Myocardial Revascularisation; that he

undergoes immense pain every time he has to climb the stairs and walk the distance to the concerned Court on the second floor of the Court premises. He is about 70 years of age.

The learned Senior Advocate for the petitioner submits that looking at the condition of the petitioner, the case may be transferred to any Court of competent jurisdiction near the residence of the petitioner.

The petitioner's condition has been looked into by the respondent. The factum of his ailment is not in dispute, although it is submitted on behalf of the respondent that the petitioner is presently in a satisfactory general condition.

Be that as it may, looking at the condition of the petitioner's health and his medical ailments, the case is transferred to a Court of competent jurisdiction at Karkardooma Courts Sessions Division. The case shall be assigned to the concerned Special Judge, P.C. Act by the learned District & Sessions Judge. The parties shall appear before the learned District & Sessions Judge, Karkardooma District Courts on 10.08.2018 at 10:30 am.

The petition is disposed off in the above terms. Dasti, under the signature of the Court Master. NAJMI WAZIRI, J JULY 26, 2018/acm