IMPORTANT POINT
The right to a fair trial includes effective cross-examination, but courts may disallow irrelevant questions to maintain judicial efficiency.

JUDGMENT :

(Amit Mahajan, J.)

1. The petitioner has filed the present petition, inter alia, praying as under :

a. Call for the records, set aside and quash the order dated 27.04.2024 Passed by Sh. Sanjay Garg-l, Ld. Principal District and Sessions Judge, Central District, Tis Hazari Courts, New Delhi in T.P. Crl. No. 14/2024 Titled as Abhishek Deep V. The State arising out of SC No.28345/2016 titled as State V. Abhishek Deep arising out of FIR No. 68/12 PS Maurice Nagar U/S 364A1506 IPC;

b. Transfer the Pending SC No.28345/2016 titled as State V. Abhishek Deep from The Court of Sh. Joginder Prakash Nahar, Ld. ASJ (FTC)-I, Central to any other Court of competent jurisdiction;

c. Quash/set aside the deposition dated 06.02.202 to the extent of question being disallowed by Sh. Joginder Prakash Nahar, Ld. ASJ (FTC-I) in SC No.28345/2016 titled as State v. Abhishek Deep and for allowing the same to question to be asked from the Witness/ 1.0 during further cross examination;

Order dated 06.02.2024 passed by the learned Additional Sessions Judge, Tis Hazari Courts, Delhi (‘Trial Court’) disallowing certain questions during the cross-examination of PW-21 (ACP Alka Azad, Investigating Officer).

Order dated 27.04.2024 passed by the learned Principal District & Sessions Judge, Tis Hazari Courts, Delhi (‘PDSJ’) dismissing the petitioner’s transfer petition under Section 408 of the Code of Criminal Procedure, 1973 (‘CrPC’).

Brief Facts

2. The FIR No. 68/2012 dated 16.08.2012, was registered under Section 364A/506 of the Indian Penal Code, 1860 (‘IPC’), on a complaint by one Ashwani Kumar, the father of the victim (hereafter ‘complainant’). The complainant alleged that the victim was kidnapped and a ransom of Rs.1.5 crores was demanded.

3. During the investigation, the victim and the petitioner were traced to a hotel in Karol Bagh, where CCTV footage allegedly showed the victim entering the hotel voluntarily, providing identification, and paying for her stay.

4. Following the investigation, the chargesheet was filed and the matter being - SC No. 28345/2016 is at the stage of cross-examination of PW-21, ACP Alka Azad (IO), pending trial before the learned Trial Court.

5. The petitioner has raised grievances about two specific instances during the trial:

5.1 First Instance (25.11.2023) : The learned Trial Court disallowed a question posed to PW-21 being "Q. You have stated in your chief ‘the roommate of the kidnapped girl was examined at St. Stephens College and recorded her statement’. What is the meaning of recording of statement?”. The learned Additional Sessions Judge disallowed the said question stating, “The question is disallowed as the meaning of recording of statement is itself clear as English language from the word itself and it is not factual elaboration of the case.”

5.2 Second Instance (06.02.2024) : PW-21 was again called for continuation of cross examination, wherein the learned counsel for the accused proposed a question, inter alia, “Q. Did you investigate whether the accused and the prosecutrix had dinner and breakfast and lunch on 15.08.2012 & 16.08.2012 in the Hotel?” The said question was also disallowed by the learned Additional Sessions Judge stating that “The question is disallowed and it is asked from the learned counsel for the defence that not to ask the witness repeatedly whether she has investigated on one or another aspect as the chargesheet is filed after investigation. However specific facts can be put up to the witness on factual investigation”.

6. Aggrieved by the same, the petitioner filed a Transfer Petition (Crl.) No. 14/2024, before the learned PDSJ alleging bias on the part of the learned Trial Judge and denial of a fair trial, which was dismissed by order dated 27.04.2024.

7. The learned counsel for the petitioner submitted that the impugned orders passed by the learned Trial Court disallowing certain questions during the cross-examination of PW-21 (IO) and the dismissal of the transfer petitioner by the l