MAHESH MANI Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS is a petition u/s 407 Cr.P.C read with Section 482 Cr.P.C filed on behalf of the petitioner Mahesh Mani for transfer of CC No.105/1/09 pending in the Court of Sh. Sudesh Kumar, learned ACMM to the Court of Sh. Gautam Manan, learned Senior Civil Judge­cum -Rent Controller, Dwarka Courts, New Delhi on the ground that proceedings under the Indian Extradition Act, 1962 was initiated against the petitioner whereby the learned ACMM was requested to enquire into the extradibility of certain offences alleged to have been committed by the petitioner in the United Kingdom. The enquiry was concluded on 11.02.2013. Final arguments were heard by Sh. Gautam Manan, learned ACMM, Patiala House Courts and the matter was reserved for orders on 04.03.2013.

(2.) PURSUANT to administrative order/circular dated 19.02.2013, Sh. Gautam Manan, learned ACMM has been transferred as SCJ -cum -RC, South West, Dwarka Courts. The circular contained a direction that the judicial officers under transfer shall pronounce the judgment/orders in the case in which they had reserved judgments/orders before relinquishing the charge of the Court. However no judgment has been pronounced and the matter is listed for final arguments before the Court of Sh. Sudesh Kumar, learned ACMM. Sh. Gautam Manan had the opportunity of presiding over the enquiry at the time of cross examination as well as at the time of final arguments, as such he is in a better position to pass a judgment. It would be expedient for the ends of justice if the matter is transferred to the Court of Sh. Gautam Manan, SCJ -cum -RC, Dwarka Courts for the purpose of pronouncement of judgment.

(3.) THE application is opposed by learned counsel for the respondent on the ground that only part cross examination was recorded by Sh. Gautam Manan and thereafter only the arguments were heard by him. That being so, there is no ground for transfer of the case and the petition is liable to be dismissed.