KULDEEP SINGH ALIAS BITTA Vs. STATE OF DELHI

JUDGEMENT

(1.) THIS petition under section 482 of the Code of Criminal Procedure (Crpc)challenges an order dated 11th September 2006 passed by the Additional Sessions judge (ASJ), Judge-In-charge, Rohini Courts directing that the criminal case (titled State v. Kuldeep Singh alias Bitta) in FIR No. 196 of 1995 registered at p. S. Saraswati Vihar under Sections 506/109/34 IPC read with Sections 25 and 27 of the Arms Act should be transferred to the Court of Mr. Narender Kumar, ASJ, fast Track, Rohini for disposal along with the criminal case in FIR No. 227/1991 (titled State v. Harish and Ors.) under Sections 302/120-B/34 registered at PS saraswati Vihar.

(2.) THE principal grievance of the petitioner, as submitted by his learned counsel Mr. Hariharan, is that the impugned order transfers the case involving him, and triable by the Metropolitan Magistrate (MM), to a superior court, viz. , the Fast Track Court and clubs it with an earlier case arising out of different fir in which he is not an accused and which is triable exclusively by the sessions Court. This effectively takes away a right of appeal as far as the petitioner is concerned. It is further submitted that such an order could not have been passed without affording the petitioner, who is prejudiced, without affording him an opportunity of being heard.

(3.) THE petitioner Mr. Kuldeep Singh is an accused in the criminal case in FIR no. 196 of 1995. This FIR was registered in relation to an incident alleged to have taken place on 2nd April 1995 in which the complainant Mr. Tilak Raj Kohli is said to have been threatened with a knife by co-accused Mr. Devender Kumar alias Kala. The relevant portion of FIR No. 196 of 1995 in which the petitioner s name figures reads as under: when I reached the crossing of Raja park and Railway Colony, Devender @ Kala stopped me and threatened me while having a open buttondar knife in his hand, in case you pursue your sons s murder case or depose against us in the court, you will meet the same fate as your son. Once before when I had gone to the court for paervi of the case, Bitta asked Devender to finish me before the next date of hearing and he would ensure nothing happens to Devender. I because of some reason told Devender withfolded hands that I would not come for paervi of the case in future and I have come after saving my life. Devender has gone towards the Railway Colony and is wearing a blue colour track suit.