Prosecutrix v. Govt of NCT of Delhi & Anr

Delhi High Court · 06 Jul 2011 · 2011:DHC:11408
Suresh Kait
CRL.M.C. 126/2011
2011:DHC:11408
criminal petition_dismissed

AI Summary

The Delhi High Court dismissed as withdrawn the petition challenging the transfer of a criminal case after the petitioner withdrew allegations against the judicial officer and counsels.

Full Text
Translation output
s $- 11 HIGH COURT OF DELHI
CRL.M.C. 126/2011 &Crl. M.A. Nos. 582-83/2011
PROSCUTRIX ..... Petitioner
Through Mr. Trideep Pais with Ms. Seema Misra, Advs.
VERSUS
GOVT OF NCT OF DELHI &ANR ..... Respondents
CORAM:
Through Mr. M.P. Singh, APP for the State with
Inspector Harender Singh, PS N.F.C.
Mr. Pramod Kumar Dubey, Adv. for R-2.
HON'BLE MR. JUSTICE SURESH KAIT
06.07.2011 The petitioner has challenged the order dated 11.1.2011 whereby the case FIR No. 177/2009 under Section 376/342/323/506 IPC New
Friends Colony, New Delhi was transferred from the Court of Ms. Pinki, learned Additional Sessions Judge, Saket to the Court of Sh. V.K. Khanna, Additional Sessions Judge, Saket, New Delhi for disposal in accordance with law.
Admittedly, the Additional Sessions Judge, Sh. V.K. Khanna has passed the order on charge on 23.3.2011 and charges were framed against the accused on 26.3.2011. Thereafter, three witnesses have already been examined including prosecutrix. The fourth witness, sister of
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1 __" I~~' ---~' 2011:DHC:11408 ./ the prosecutrix has already been examined in examination-in-chief and the date for cross-examination is fixed on 11-12/7/2011.
Learned counsel for the petitioner submits that he is very much disappointed with the serious allegations made against the Judicial Officer, Ms. Pinki and the counsels of the prosecutrix in the transfer application filed under Section 408 Cr.P.C.
At this stage, learned counsel appearing for the accused, on instructions of Mr. Kailash Verma, father of respondent no.2/accused, who is the perokar in the present case and also present in the Court today undertakes to withdraw the allegations made in the transfer application under Section 408 Cr.P.C. In view of this, learned counsel for the petitioner also seeks leave to withdraw th'e present petition.
Leave granted.
The petition stands dismissed as withdrawn alongwith pending applications.
JULY 06,2011 KA ~ SURESH KAIT,J i-'~- ,-----'-
1_- '! 1- 2011:DHC:11408
JUDGMENT