VISHAL YADAV Vs. LT GOVERNOR

JUDGEMENT

(1.) CRL. M. A. 5479/2005 for the reasons stated in the application it is allowed and the complainant is permitted to address arguments in the present petition. The application is disposed of. W. P. (CRL) 535/2005 this petition under Article 226 of the Constitution seeks the quashing of a letter No. F8/119/2002/hp-II/1084 dated 9th March 2005 of the Govt. of the National Capital Territory of Delhi (GNCTD) Home (Police-II)Department addressed to Ms. Mukta Gupta, Standing Counsel (Crl), gnctd informing her that the competent authority had "now directed that all matter emanating from FIR No. 192/2002 entitled State v/s Vikas Yadav which come before the Hon'ble High Court of Delhi would be conducted, prosecuted and defended by Ms. Mukta Gupta, Standing Counsel (Crl.) in the Hon'ble High Court of Delhi".

(2.) THE background to the filing of the above petition is that the petitioners Vishal Yadav and Vikas Yadav are accused in FIR No. 83/2002 which was registered on the basis of a complaint filed by Neelam Katara the mother of the deceased Nitish Katara under Section 364/302/201 IPC.

(3.) NEELAM Katara filed Transfer Petition (Crl) No. 449 of 2002 in the supreme Court for transfer of the trial of the case from the Sessions Court in ghaziabad to the Sessions Court in Delhi. This petition was allowed by the supreme Court by an order dated 23rd August 2002 which reads as under: