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High Court of DelhiTR.P.(CRL.)/67/2018

Anil Bhatia v. State Of Delhi

2018-11-02Hon'Ble Mr. Justice Najmi Waziri2 pages

$~25 * IN THE HIGH COURT OF DELHI AT NEW DELHI + TR.P.(CRL.) 67/2018, CRL.M.A. 35430/2018 ANIL BHATIA ..... Petitioner Through:

Petitioner in person.

Versus

STATE OF DELHI ..... Respondent Through:

Mr.G. M. Farooqui, Additional Public Prosecutor for State with SI Satbir, P.S. Patel Nagar.

CORAM:

HON'BLE MR. JUSTICE NAJMI WAZIRI

O R D E R

% 02.11.2018 This petition seeks a number of reliefs including the examination of records of certain cases pending before the learned ACMM. It is the petitioner's grievance that in an endeavour to dispose-off old cases, due process of law is likely to become a causality in his cases pertaining to the years 1996, 1997 and 2002. He has reservations about the manner of recording of evidence. Therefore, he seeks that the case be transferred to some other Court.

The learned counsel for the State submits, upon instructions, that as a policy the old cases which are pending beyond 10 years are taken up for early disposal; one of the three cases of the petitioner is at the final stage and in other two cases, evidence is being recorded. Indeed substantial evidence has already been recorded. He submits that no case is made out to transfer the case to any other Court. He further submits that no specific instances have been mentioned which would be deemed as denial of natural

justice or could result in miscarriage of justice. He submits that the petition is misconstrued and perhaps premature.

The Court would tend to agree with the latter's contentions and would repose the faith in a fair trial.

In view of the above, the petition is dismissed. A copy of this order be given dasti to the parties under the signature of the Court Master.

NAJMI WAZIRI, J.

NOVEMBER 02, 2018 RW