Om Prakash Goenka & ORS v. State Of NCT Of Delhi & ORS

$~11 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1697/2015 OM PRAKASH GOENKA & ORS ..... Petitioners Through:

Mr.Sunil Fernandes, Advocate with Mr.Puneet KG & Ms.Mithu Jain, Advocates versus STATE OF NCT OF DELHI & ORS ..... Respondents Through:

Mr.Rahul Mehra, St.Counsel for the State with Inspector Kumar Kundon PS EOW Mr.Neeraj Kumar Jha, Adv. for R-7

CORAM:

HON'BLE MS. JUSTICE PRATIBHA RANI

O R D E R

% 12.02.2016 1.

By way of this writ petition filed under Articles 226/227 of the Constitution of India read with Sections 482 & 483 of Cr.P.C., petitioners have made the following prayers:- a) To transfer FIR Nos.27/2010, 28/2010, 29/2010, 65/2010, 66/2010, 94/2010, 144/2013, 108/2014, 109/2014 and 110/2014 registered at PS EOW, Mandir Marg to one Court in order to ensure expeditious and speedy disposal of the aforementioned cases;

b) To direct the State of NCT of Delhi/respondent No.1 to submit a list of cases pending in various Courts across Delhi, against the accused persons and to transfer the said cases also to the single Court, as in prayer (a) supra, in order to ensure expeditious and speedy disposal of the said cases; c) To direct the learned Trial Court and investigating agency to conclude the investigation/trial, in a time bound manner with a 'Calendar' i.e Timeline fixed for various milestones, preferably within 12 months from the W.P.(CRL) 1697/2015

date of the order of this Hon'ble Court;

d) To direct the learned Trial Court to conduct all proceedings (pre-trial, trial and post-trial) expeditiously, and not grant adjournments or deferring proceedings only for exceptional reasons, so that unnecessary adjournments and dilatory tactics are not employed;

e) To direct the learned Trial Court to send periodic reports of progress of the said cases against the said accused persons; 2.

Mr.Rahul Mehra, St.Counsel for the State submits that since all these cases are pending in Saket Court, the same can be transferred to one Court by the learned Sessions Judge. The trial has not commenced in all these cases and stage of charge is yet to reach. Mr.Rahul Mehra, St.Counsel for the State submits that petitioners have already applied to learned Sessions Judge for transfer of the cases so that all the cases can be tried by the same Court.

3.

In respect of prayer (a) i.e. transfer of cases to one Court, the petitioners have already availed their remedy before the learned Sessions Judge, hence no directions is required by this Court. 4.

In respect of prayers (b) to (f) made in the petition i.e. seeking time bound investigation and disposal, at this stage no such direction is required. However, the petitioners are at liberty to make such prayer before the learned Trial Court if there is inordinate delay in the trial. 5.

The writ petition is disposed of accordingly. PRATIBHA RANI, J.

FEBRUARY 12, 2016/'pg'

W.P.(CRL) 1697/2015