VINOD SHARMA & ORS. Vs. STATE

JUDGEMENT

(1.) This is a petition under Section 482 Cr.P.C. filed by the petitioners/accused against the impugned order dated 12.08.2011 passed by Ms. Pratibha Rani, the learned District and Sessions Judge-1 (as her Ladyship then was) transferring the case titled State Vs. Vinod Sharma from Court of Sh. Virender Bhatt to the Court of Sh. S.S. Rathi, the learned Additional Sessions Judge. Briefly stated the facts of the case are that on 24.01.2010 a FIR No. 30/2010, under Section 302/307/34/147/146/323/325 IPC and Section 25/27 of the Arms Act was registered by P.S. Dabri, Delhi. On 27.01.2010, the investigation of the case was transferred from the local police station Dabri, to Crime Branch Chanakya Puri, New Delhi. The present petitioners were arrested on 28.01.2010. On 08.02.2010, Pandit R.K. Naseem who was in relation of the present petitioners had unfortunately succumbed to the injuries suffered by him in the incident. In May 2010, a charge sheet was filed before the learned ACMM, Dwarka Courts, Delhi. There were in all 10 accused persons who were charge sheeted. Out of them, four accused persons were arrested while the remaining six were absconding.

(2.) On 15.02.2011, the charges were framed against Vinod Sharma and Aman Gaur under Section 302/307/34 IPC and Section 147/148/149 read with Section 325 IPC. Charges were also framed under Section 25/27 of the Arms Act against Aman Gaur and Rahul. The charges were framed under Section 147/148/149/325 IPC against Neeraj.

(3.) In April 2011, a revision petition bearing no. 172/2011 was filed by the State, thereby challenging the order of charge and the Court granted ad interim ex-parte stay regarding the operation of the order against the two accused persons, namely, Neeraj and Rahul Reddy. However, the proceedings of the case were not stayed and the said revision is still pending.