Supreme Court - Daily Orders
Sunil Sharma vs State Of Haryana on 5 October, 2023
Bench: Surya Kant, Dipankar Datta
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IN THE SUPREME COURT OF INDIA
CRIMINAL ORIGINAL JURISDICTION
TRANSFER PETITION (CRL.)No.126 of 2023
SUNIL SHARMA PETITIONER
VERSUS
STATE OF HARYANA & ORS. RESPONDENTS
O R D E R
1. The instant Transfer Petition, filed under Section 406 of the Criminal Procedure Code, 1973 (for short, `Cr.P.C.’), seeks the transfer of Sessions Case No.276/2017 (titled “State vs. Rambir and others”) which is pending in the Court of Additional Sessions Judge, Palwal, Haryana, to the Court of Sessions Judge, Tis Hazari Courts, West District, Delhi. The above-stated trial has emanated from FIR No.36/2017, which was registered under Section 306 read with Section 34 IPC on 17.03.2017, at Police Station Faridabad.
2. The incident pertains to the unnatural death of Virender Nath Sharma, who committed suicide, and allegedly left behind a suicide note, in which six persons have been specifically named as being responsible for his death. His mother – Shobha Rani lodged the above-stated FIR against the persons named in the suicide note. Signature Not Verified It Digitally signed by satish kumar yadav Date: 2023.10.10 appears from the record, especially from the order dated 17:10:17 IST Reason:
23.07.2018, passed by the High Court of Punjab and Haryana at Chandigarh in CRM-M-18481/2017 (Sanjay Gupta and another vs. State 2 of Haryana), that the complainant – Shobha Rani, appeared in person before the High Court and complained that she was being threatened by the accused persons. Consequently, a direction was issued to the police authorities to look into the complaint made by Shobha Rani.
3. Consequently, the police authorities registered FIR No.592 of 2018 on 20.08.2018 at Police Station Camp Palwal, Distt. Palwal. After investigation, a chargesheet is said to have been filed against one of the accused – Sanjay Gupta. Meanwhile, the complainant – Shobha Rani has unfortunately passed away.
4. The petitioner, who is the brother of Shobha Rani, is also a witness in the first case registered under Section 306 read with Section 34 IPC. Alleging that the accused are extending threats to him and other witnesses, the instant Transfer Petition has been filed.
5. We have heard learned counsel for the parties and have carefully perused the material placed on record.
6. It appears to us that a fair trial can be ensured at this stage and ends of justice can be adequately met by directing the police authorities to provide adequate security to the petitioner and/or any other private witness, who is yet to depose in the pending trial. Such a security arrangement shall continue till the threat perception completely disappears.
7. The Superintendent of Police, Palwal, Haryana is, accordingly, directed to do the needful forthwith. The police authorities shall, in the meanwhile, look into the allegations made by the petitioner with regard to the threats, if any, being extended to him. If there is any merit in such an allegation, let 3 the law take its own course.
8. With these directions, the Transfer Petition is disposed of at this stage.
9. As a result, pending interlocutory application also stands disposed of.
.........................J. (SURYA KANT) ..............…….........J. (DIPANKAR DATTA) ..............…….........J. (UJJAL BHUYAN) NEW DELHI;
OCTOBER 05, 2023.
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ITEM NO.1 COURT NO.5 SECTION II-B
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Transfer Petition(s)(Criminal) No(s).126/2023 SUNIL SHARMA Petitioner(s) VERSUS STATE OF HARYANA & ORS. Respondent(s) IA No.20077/2023 - STAY APPLICATION Date : 05-10-2023 This matter was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE SURYA KANT HON'BLE MR. JUSTICE DIPANKAR DATTA HON'BLE MR. JUSTICE UJJAL BHUYAN For Petitioner(s) Mr. Syed Ahmed Saud, Adv.
Mr. Mohd. Parvez Dabas, Adv.
Mr. Uzmi Jameel Husain, Adv.
Mr. Daanish Ahmed Syed, Adv.
Mr. Aqib Baig, Adv.
Mr. Mohd. Shahib, Adv.
For M/S. Shakil Ahmad Syed, AOR For Respondent(s) Mr. Piyush Beriwal, Adv.
Dr. Monika Gusain, AOR Mr. Deepkaran Dalal, AOR Mr. Raunaq Dalal, Adv.
UPON hearing the counsel the Court made the following O R D E R The Transfer Petition is disposed of at this stage in terms of the signed order.
As a result, pending interlocutory application also stands disposed of.
(SATISH KUMAR YADAV) (PREETHI T.C.) DEPUTY REGISTRAR COURT MASTER (NSH) (Signed order is placed on the file) 5