Court allowed transfer petitions for CBI POCSO cases from East Delhi to Special Courts at Rouse Avenue pursuant to a High Court notification, directing parties to appear there on 31.07.2024.
Cases transferred to competent court at Rouse Avenue; parties directed to appear on 31.07.2024.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
$~112 to 116
| * | IN THE HIGH COURT OF DELHI AT NEW DELHI |
|---|---|
| + | TR.P.(CRL.) 61/2024 |
| STATE THROUGH CENTRAL BUREAU OF INVESTIGATION .....Petitioner versus |
|
| SURENDRA KUMAR NAIK .....Respondent |
|
| + | TR.P.(CRL.) 62/2024 STATE THROUGH CENTRAL BUREAU OF INVESTIGATION |
| .....Petitioner versus AFTAB ALI .....Respondent |
|
| + | TR.P.(CRL.) 63/2024 |
| STATE THROUGH C.B.I. .....Petitioner |
|
| versus | |
| ASAD RABBANI .....Respondent |
|
| + | TR.P.(CRL.) 64/2024 |
| STATE .....Petitioner |
|
| versus | |
| SIRTAJ ALI .....Respondent |
|
| + | TR.P.(CRL.) 66/2024 STATE THROUGH CENTRAL BUREAU OF INVESTIGATION .....Petitioner versus |
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NITIN BAISOYA
.....Respondent
Present: Mr.Ripu Daman Bhardwaj, SPP for CBI with Mr.Kushagra Kumar, Mr.Abhinav Bhardwaj, Advts. and Mr.Rajpal Singh (IO)
CORAM:
HON'BLE MR. JUSTICE DINESH KUMAR SHARMA
O R D E R % 08.07.2024
S.C.No.65/2022
RC No.DAI-2021-A-0039 30.05.2024 No.65/2022 PS ACB/CBI, New Delhi CBI vs. Surendra Kumar Naik Present: None
The file has been received from Dispatch branch (file sheet
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No.268 dated 30.05.2024) alongwith letter dated 29.05.2024 of Ms. Colette Rashmi Kujur, ASJ-06/Spl. Judge, POCSO Act, East District, Karkardooma Courts, Delhi duly forwarded vide No.9102/Genl.Br./East/KKD/Delhi dated 30.05.2024 by learned Principal District & Sessions Judge, East District, Karkardooma Courts, Delhi and judicial file of SC No.65/2022 titled CBI vs. Surendra Kumar Naik.
Vide order dated 28.05.2024 Ms. Colette Rashmi Kujur, ASJ06/Spl. Judge, POCSO Act, East District, Karkardooma Courts, Delhi has passed the following order:-
"An application has been filed by IO Dy. SP Raj Pal Singh seeking transfer of present matter to Rouse Avenue Court Complex for further trial in view of the notification of the Delhi gazette regarding the constitution of two special Courts, to deal with cases filed by CBI relating to trial of offence against children, u/s 28 of POCSO 2012.
The 10 has filed copy of Delhi High Court circular informing the website committee Tis Hazari Courts regarding the same alongwith Delhi gazette bearing no.F.61(1994)/POCSO Court Notification/DP(CPU)/DWCD/2023- 24/15641-74 dt. 26/12/2023 by the Govt. of NCT of Delhi.
Accordingly, let the present file be put up before the Ld. Principal District & Sessions Judge (East) District, KKD Courts, Delhi for appropriate order and directions....."
Subsequently, thereafter vide order dated 29.05.2024, Id. Principal District & Sessions Judge, East District, KKD Courts, Delhi has passed the following order:-
Keeping in view the observations made in the order that matter has to be transferred to the Special Court at Rouse Avenue Courts for trial of POCSO cases being investigated by CBI. Let the file be placed before Worthy Registrar General, High Court of Delhi for appropriate directions in this case.
Parties to appear before Worthy Registrar General, Hon'ble High Court of Delhi....."
In this regard, it is submitted that vide minutes dated 15.04.2019 of
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the Hon'ble Administrative and General Supervision Committee, it is resolved as under:-
Therefore, henceforth, the request received from District & Sessions Judges and Principal Judges, Family Courts for transfer of case from one District to another District, subordinate to the High Court and competent to try or dispose of the same, upon recusal or for any other reason, shall be placed by the Registry by way of transfer petition before the concerned Bench for appropriate consideration and orders."
| Item No. |
Case no./title | R.C.No. | S.C.No. |
|---|---|---|---|
| 112 | TR.P.(CRL.) 61/2024 CBI vs. SURENDRA KUMAR |
RC-DAI-2021- A-0039 |
S.C.No.65/2024 |
| 113 | TR.P.(CRL.) 62/2024 CBIvs.AFTAB ALI |
RC-DAI-2021- A-0040 |
S.C.No.9/2024 |
| 114 | TR.P.(CRL.) 63/2024 CBI vs. ASAD RABBANI |
RC-DAI-2021- A-0040 |
S.C.No.10/2024 |
| 115 | TR.P.(CRL.) 64/2024 CBI vs. SIRTAJ ALI |
RC-DAI-2021- A-0040 |
S.C.No.11/2024 |
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116 TR.P.(CRL.) 65/2024 RC-DAI-2021S.C.No.8/2024 CBI vs. A-0040 NITIN BAISOYA
DINESH KUMAR SHARMA, J
JULY 8, 2024 rb/sj..
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2 issues framed by the court
Whether petitions for transfer of POCSO cases investigated by CBI to Rouse Avenue Court should be allowed.
Whether the notification of Special Courts at Rouse Avenue justifies transfer of these matters.
STATE THROUGH CENTRAL BUREAU OF INVESTIGATION
SURENDRA KUMAR NAIK
AFTAB ALI
ASAD RABBANI
SIRTAJ ALI
NITIN BAISOYA
DINESH KUMAR SHARMA
As recorded by the court registry
A petition to transfer a criminal case from one court to another.
Judgements on the same questions, provisions and authorities, from every court
