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#40
% 14.10.2011
Present: Mr. Samar Bansal, Advocate for the petitioner.
Mr. Rajlv Bansal with Mr. Rahul Bhandari, Advocates for the respondent No.1/DHC.
Mr. R.K. Sharma, Standing Counsel for the c'B.1.
+CM Ng,16839l2011
*
Exemption Is allowed, subject to just exception.
CM stands disposed of. w.p.(el Ng.7424120111k CM No.16838/2011
Rule D.B.
.,...
With the consent of the counsel for the parties, the matter is taken up for final hearing today itself.
Vide this writ petition filed by the petitioners, relief to a very limited extent Is sought. An F.I.R., viz., RC-DAI~2000-A-0043 dated
24.8.2000 is registered against the petitioners under Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 and Section
120B of the Indian Penal Code. Charge-sheet, in this behalf, was filed by the CBI on 17.2.2001 before the CBI Special Court. The matter is at the
\.... stage of framing of charge and arguments on this aspect is substantially
, heard. Since much time has already elapsed after the filing of the charge- sheet and still the matter is at the stage of arguments on framing of charge, in earlier proceedings filed in this Court, the Court had directed the Special
2011:DHC:15981-DB
-~-~--
•
'i year 2009. At that time, Mr. P.K. Saxena, Additional SeSSions Judge was the
Special Judge, P.c. Act, Tis Hazarl Court. On the direction of this Court, he started hearing the matter from the year 2009 till September, 2011, which came up for hearing before the Special Judge for 74 times.
Arguments on framing of charge are almost heard during the aforesaid period. Since there are eight accused persons, It Is taking some time and at the Same time, arguments qua seven accused persons have already completed and one accused person has to argue the matter. At this juncture, on administrative side and in a routine manner, order
~
.
NO.81/DHC/Gaz./G·l/VI.E.2.(a)/2011 dated 06.9.2011 has been passed by y this Court transferring this matter from the Court of Mr. P.K. 'Saxena, Special
Judge, P.c. Act, Tis Hazari to the Court of Mr. Rajiv Mehra, Special Judge, P.c. Act. Karkardooma Court.
It is under these circumstances, prayer is made, insofar as this particular matter is concerned, that the matter be transferred to Mr. P.K.
Saxena, Special Judge, P.C. Act, Tis Hazari Court to enable him to conclude the hearing of the arguments on framing of charge and pass orders thereon.
'--" Mr. Sharma, learned counsel appearing for the C61 joins the
, counsel for the petitioner for this request. We also feel that since the hearing is almost concluded before the Court of Mr. P.K. Saxena, It would be in the Interest of the parties that he hears the complete arguments and pass orders on framing of charge.
, s-
For the aforesaid limited purpose, F.I.R. No.RC-DAI-2000-A
0043 dated 24.8.2000 stands transferred to the Court of Mr. P.K. Saxena, Special Judge, P.C. Act, Tis Hazarl. After concluding the arguments, If the
Special Judge frames the charge, thereafter for the purpose of trial, the case shall be sent to the Court of Mr. Rajlv Mehra, Special Judge, P.C. Act, Karkardooma.
ThiS writ petition as well as applicant for stay is disposed of in the aforesaid terms.
Copy of order be given dasti under the signature of the Court
- Master. .......
J-w'iw- Lei, •
A HIEf JUSTICE
~cL--4
SIDDHARTH MRU)UL, J.
OCTOBER 14,2011 pmc
-
"-'
~"
"
#40
% 14.10.2011
Present: Mr. Samar Bansal, Advocate for the petitioner.
Mr. Rajlv Bansal with Mr. Rahul Bhandari, Advocates for the respondent No.1/DHC.
Mr. R.K. Sharma, Standing Counsel for the c'B.1.
+CM Ng,16839l2011
*
Exemption Is allowed, subject to just exception.
CM stands disposed of. w.p.(el Ng.7424120111k CM No.16838/2011
Rule D.B.
.,...
With the consent of the counsel for the parties, the matter is taken up for final hearing today itself.
Vide this writ petition filed by the petitioners, relief to a very limited extent Is sought. An F.I.R., viz., RC-DAI~2000-A-0043 dated
24.8.2000 is registered against the petitioners under Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 and Section
120B of the Indian Penal Code. Charge-sheet, in this behalf, was filed by the CBI on 17.2.2001 before the CBI Special Court. The matter is at the
\.... stage of framing of charge and arguments on this aspect is substantially
, heard. Since much time has already elapsed after the filing of the charge- sheet and still the matter is at the stage of arguments on framing of charge, in earlier proceedings filed in this Court, the Court had directed the Special
2011:DHC:15981-DB
-~-~--
•
'i year 2009. At that time, Mr. P.K. Saxena, Additional SeSSions Judge was the
Special Judge, P.c. Act, Tis Hazarl Court. On the direction of this Court, he started hearing the matter from the year 2009 till September, 2011, which came up for hearing before the Special Judge for 74 times.
Arguments on framing of charge are almost heard during the aforesaid period. Since there are eight accused persons, It Is taking some time and at the Same time, arguments qua seven accused persons have already completed and one accused person has to argue the matter. At this juncture, on administrative side and in a routine manner, order
~
.
NO.81/DHC/Gaz./G·l/VI.E.2.(a)/2011 dated 06.9.2011 has been passed by y this Court transferring this matter from the Court of Mr. P.K. 'Saxena, Special
Judge, P.c. Act, Tis Hazari to the Court of Mr. Rajiv Mehra, Special Judge, P.c. Act. Karkardooma Court.
It is under these circumstances, prayer is made, insofar as this particular matter is concerned, that the matter be transferred to Mr. P.K.
Saxena, Special Judge, P.C. Act, Tis Hazari Court to enable him to conclude the hearing of the arguments on framing of charge and pass orders thereon.
'--" Mr. Sharma, learned counsel appearing for the C61 joins the
, counsel for the petitioner for this request. We also feel that since the hearing is almost concluded before the Court of Mr. P.K. Saxena, It would be in the Interest of the parties that he hears the complete arguments and pass orders on framing of charge.
, s-
For the aforesaid limited purpose, F.I.R. No.RC-DAI-2000-A
0043 dated 24.8.2000 stands transferred to the Court of Mr. P.K. Saxena, Special Judge, P.C. Act, Tis Hazarl. After concluding the arguments, If the
Special Judge frames the charge, thereafter for the purpose of trial, the case shall be sent to the Court of Mr. Rajlv Mehra, Special Judge, P.C. Act, Karkardooma.
ThiS writ petition as well as applicant for stay is disposed of in the aforesaid terms.
Copy of order be given dasti under the signature of the Court
- Master. .......
J-w'iw- Lei, •
A HIEf JUSTICE
~cL--4
SIDDHARTH MRU)UL, J.
OCTOBER 14,2011 pmc
-
"-'
JUDGMENT