Anurag Vardhan v. Central Bureau of Investigation

Delhi High Court · 05 Jul 2013 · 2013:DHC:8211
Sunil Gaur
TR.P.(CRL.) 30/2013
2013:DHC:8211
criminal appeal_allowed

AI Summary

The Delhi High Court allowed the transfer of one CBI trial to the court hearing a related case with common witnesses for joint trial to ensure judicial efficiency.

Full Text
Translation output

$-21 HIGH COURT OF DELHI
TR.P.(CRL.) 30/2013
ANURAG VARDHAN Petitioner
Through: Mr. Harsh Kumar Sharma & Mr. Mohit Aggarwal, Advocates
VERSUS
CENTRAL BUREAU OF INVESTIGATION Respondent
Through: Mr. Narender Mann, Special Public Prosecutor for CBI &
Mr. Manoj Ohri, Advocates
CORAM:
HON'BLE MR. JUSTICE SUNIL GAUR
05.07.2013 Crl.MA. No.9794/2013 (u/S 482 Cr.P.C.)
Allowed subject to all just exceptions.
TR.P.(CRL.) NO. 30/2013
Trial of two cases pertaining to FIR/RC No.DAI-2003-A-0031 (CC
No. 13/2012) and FIR/RC No. DAI-2003-A-0043 (CC No. 10/2013) by one court is sought in this petition.
Learned counsel for petitioner submits that earlier the afore-noted two cases were being heard by one court at Patiala House Courts, New Delhi but with bifurcation of districts, FIR/'RC No.DAI-2003-A-0031
(CC No. 13/2012) is being tried by Special .ludge,. CBI, at Patiala House
Tr.P. (Crl) No. 30/2013 Page1 2013:DHC:8211 'V
2-^ Courts, New Delhi and FIR/ RC No. DAI-2003-A-0043 (CC NO. 10/2013) has been assigned to Special Judge, CBI at District Courts, Saket, New Delhi. It is pointed put that the witnesses in the aforesaid cases are common and both these cases are at the stage of recording of evidence and therefore, these two cases ought to be tried by one court.
Upon notice, Mr. Narender Mann, learned Special Public
Prosecutor for CBI submits that there is no objection if the afore-noted two cases are tried by one court.
This petition is accordingly allowed and it is directed that trial of
FIR/RC No. DAI-2003-A-0043 (CC No. 10/2013) be transferred to the
Court of Ms. Swamkanta Sharma, Special Judge, CBI at Patiala House
Courts, New Delhi where trial of FIR/RC No.DAI-2003-A-0031 (CC NO. 13/2012) is pending, and file/record pertaining to FIR/RC No. DAI-2003- t
A-0043 (CC No. 10/2013) be sent to the aforesaid Court for 15^^' July, 2013, as it is stated that the trial proceedings in FIR/RC No.DAI-2003-A-
0031 (CC No. 13/2012) are slated for the said date.
Sh. D.K. Sharma, Special Judge, CBI at District Courts Saket, New-
Delhibe apprised of this order forthwith to ensure its compliance.
Copy of this order be given dasti to counsel for both the sides.
JULY 05, 2013 r JNIL GAUR)
JUDGE
Tr.P. (Crl.) No. 30/2013 Page 2 2013:DHC:8211
JUDGMENT