Final Order 3

Order Details: COPY OF ORDER
Pdf Text: IN THE COURT OF SH. VINAY KUMAR GUPTA
PRINCIPAL DISTRICT & SESSIONS JUDGE-CUM-SPECIAL
JUDGE (PC ACT) (CBI) ROUSE AVENUE COURTS COMPLEX
NEW DELHI
CNR No.DLCT11-000086-2023
Misc. DJ ASJ No.26/2023
R. Vasudevan Vs. CBI
02.02.2023
Present: Sh. Mudit Jain Advocate, Counsel for Applicant.
Sh. Praneet Sharma, Ld. Sr. PP for CBI/Respondent No.1.
IO/SI Pradeep Kumar also present.
Sh. Mudit Jain Advocate, Counsel for Respondent No.2. He
has already given no objection for the transfer.
Sh. Chinmay Kanojia Advocate, Counsel for Respondent
No.3.
None for Respondent No.4.
R-4 has also given his no objection.
Reply filed by R-1.
Copy given.
Heard on the application.
It is stated in the application that some of the witnesses in
both the cases are common and DA case is proceeding towards final
conclusion whereas, the trap case would take some time and in order to
ensure that there is no contradictory verdict in the matter both the cases
may be transferred to one Court.
In reply, CBI has stated that the witnesses in the two cases
are different and the facts to be proved in both the case are different and
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both the cases are at different stages and the transfer of the cases to one
Court shall delay the disposal of the cases.
As per the submissions, there are 52 witnesses in Trap Case
out of which 25 witnesses have already been examined and cross-
examined and 2 witnesses are partly examined and remaining 25
witnesses have to be examined and in the DA Case there are 53 witnesses
out of which 42 witnesses have already been examined and cross-
examined and 3 witnesses are partly examined and remaining 8 witnesses
are yet to be examined. Some of the common witnesses in both the cases
are also stated to have been examined and cross-examined in the cases.
Ld. Counsel for the applicant submits that he is ready for the
day-to-day trial of both the cases and in view of the same, the
apprehension expressed by the CBI that it would further delay the cases
may not come out to be true.
In the totality of facts and circumstances, it would be
expedient in the interest of justice that both cases be tried in the same
Court and this should have been done much earlier.
Accordingly, this application is allowed and the Trap Case
pending in the Court of Mohd. Farrukh, Ld. Special Judge (PC Act) CBI-
15, RADC, New Delhi, which is recently transferred to the Court of Ms.
Niyay Bindu, Ld. Special Judge (PC Act) CBI-13, RADC, New Delhi,
where it is stated that no proceedings have been conducted so far, is
withdrawn from the Court of Ms. Niyay Bindu, Ld. Special Judge (PC
Act) CBI-13, RADC, New Delhi and transferred to the Court of
Sh. Ashwani Kumar Sarpal, Ld. Special Judge (PC Act) CBI-13, RADC,
New Delhi.
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Parties are directed to appear before the Court of Sh.
Ashwani Kumar Sarpal, Ld. Special Judge (PC Act) CBI-13, RADC,
New Delhi on 09.02.2023.
Concerned Ahlmad is directed to send the file, complete in
all respects, to the Court of Ashwani Kumar Sarpal, Ld. Special Judge
(PC Act) CBI-13, RADC, New Delhi immediately.
File be consigned to Record Room.
(Vinay Kumar Gupta)
Principal District & Sessions Judge-
cum-Special Judge (PC Act) (CBI),
Rouse Avenue District Court
New Delhi/02.02.2023
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