Delhi High Court - Orders
State vs Gaurav Sharma Etc on 15 November, 2021
Author: Mukta Gupta
Bench: Mukta Gupta
$~ 46
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ TR.P.(CRL.) 45/2021
CRL.M.A. 18007/2021
CRL.M.A. 18008/2021
STATE ..... Petitioner
Represented by: Mr.Amit Gupta, APP for the State
with SI Neelam, P.S.Alipur.
Versus
GAURAV SHARMA ETC .... Respondent
Represented by: Mr.Virendra Singh, Advocate for the
complainant/victim.
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
ORDER
% 15.11.2021 The hearing has been conducted through physical mode. CRL.M.A. 18008/2021 (for exemption from attested affidavits & certified copies of annexures)
1. Exemption allowed subject to just exceptions. Attested affidavits be filed within one week.
2. Application is disposed of.
CRL.M.A. 18007/2021 (for modification of order dated 4.10.2021)
1. By this application, the applicant seeks modification of the order Signature Not Verified Digitally Signed By:JUSTICE MUKTA GUPTA TR.P.(CRL.) 45/2021 Page 1 of 3 Signing Date:16.11.2021 10:40:38 dated 4th October 2021 vide which this Court had transferred the trial in FIR No. 171/2018 under Sections 376/506/323/120B IPC registered at P.S. Alipur in Sessions Case No. 515/2018.
2. On 4th October 2021, this Court noted the submissions of the learned counsel for the accused that the complainant and her counsel were repeatedly making all kinds of allegations so that the bail application of the accused which is pending decision could not be heard and repeatedly adjournments were being sought. Considering the fact that such a conduct was not acceptable, however, still, the request was made by the learned Special Judge himself, this Court had transferred the trial to learned Special Fast Track Court, North West District in Rohini Courts itself. Now, the grievance of the applicant is that the learned Fast Track Court in the North West District, Rohini is a male judge and thus, the trial be transferred to Saket Courts or any other District Court.
3. When this Court raised a query to learned counsel for the applicant/complainant as to where his office was, he informed that the same is in Patiala House Courts. Convenience of the counsel cannot be a ground for transfer of the trial. However, before passing any final order, this Court would like to have a report from the learned Special Fast Track Court, North West District, Rohini Courts to find out whether after the order of this Court dated 4th October 2021, the trial proceeded with or not.
4. Learned APP for the State submits that today, the matter was fixed for recording of the statements of the two Investigating Officers before the learned Trial Court. The main grievance of the learned counsel for the applicant is that it will not be convenient for the complainant to attend proceedings in cross examination before the learned Trial Court as it is Signature Not Verified Digitally Signed By:JUSTICE MUKTA GUPTA TR.P.(CRL.) 45/2021 Page 2 of 3 Signing Date:16.11.2021 10:40:38 presided over by the male judge. Since the examination of the Investigating Officers is going on, this Court finds no ground to stay the proceedings before the learned Trial Court at the moment. It is clarified that the proceedings in the meantime will continue before the learned Trial Court.
5. List this petition before this Court on 3rd December 2021 when a report will be sent to this Court by the learned Special Fast Track Court, North West District, Rohini Courts.
6. Order be uploaded on the website of this Court.
MUKTA GUPTA, J.
NOVEMBER 15, 2021/akb Signature Not Verified Digitally Signed By:JUSTICE MUKTA GUPTA TR.P.(CRL.) 45/2021 Page 3 of 3 Signing Date:16.11.2021 10:40:38