CRL.M.C. 9128/2023

Page 1 of 16

$~

*

IN THE HIGH COURT OF DELHI AT NEW DELHI

%

Reserved on: 13.12.2023

Pronounced on: 08.01.2024

+

CRL.M.C. 9128/2023 & CRL.M.A. 34100/2023

MANJINDER SINGH SIRSA ..... Petitioner

Through:

Mr.

R.K.

Handoo,

Mr.

Yoginder Handoo, Mr. Aditya

Chaudhary, Mr. Solanki and

Ms. Medha Gaur, Advocates.

versus

STATE OF NCT OF DELHI AND ANR.

..... Respondents

Through:

Mr. Manoj Pant, APP for the

State.

Mr.

Mohit

Mathur,

Sr.

Advocate

along

with

Mr.

Naginder Benipal, Mr. Sumit

Mishra, Ms. Bharti Nayar

Benipal,

Mr.

Naveen

Chaudhary,

Mr.

Marithi

Kambiri

and

Mr.

Ankit

Siwach, Advocates

CORAM:

HON'BLE MS. JUSTICE SWARANA KANTA SHARMA

JUDGMENT

INDEX TO THE JUDGMENT

FACTUAL BACKGROUND .................................................................... 2

ARGUMENTS ADDRESSED BEFORE THIS COURT ....................... 4

ISSUES BEFORE THIS COURT ............................................................ 7

ANALYSIS AND FINDINGS ................................................................... 7

Digitally Signed

By:ZEENAT PRAVEEN

Signing Date:08.01.2024

18:56:31

Signature Not Verified

CRL.M.C. 9128/2023

Page 2 of 16

i.

The Impugned Order .......................................................................... 8

ii. Examining the Directions issued in Case of Ashwini Kumar

Upadhyay by the Hon‟ble Apex Court .............................................. 9

iii. Conclusion ....................................................................................... 15

SWARANA KANTA SHARMA, J.

1.

The present petition under Section 482 of the Code of Criminal

Procedure, 1973 (‘Cr.P.C’) has been filed on behalf of the petitioner,

seeking quashing and setting aside of order dated 06.12.2023, passed

by learned Additional Chief Metropolitan Magistrate-04, Rouse

Avenue District Court, New Delhi in Complaint Case No. 09/2023,

titled ‘Manjit Singh G.K. v. Manjinder Singh Sirsa & Ors.’whereby

the petitioner‟s application seeking transfer or return of complaint on

account of lack of jurisdiction, was rejected by the learned ACMM.

FACTUAL BACKGROUND

2.

The background facts, leading to the filing of present petition,

are that the Hon‟ble Apex Court, with the object of bringing about

electoral reforms, had passed various directions in the case titled

Ashwini Kumar Upadhyay v. Union of India & Anr. W.P. (C)

699/2016. These directions are contained in a series of orders starting

from 01.11.2017, whereby, the setting up of Special Courts in various

States including the State of Delhi, to escalate trial dealing with

criminal cases in which MPs/MLAs are involved, were passed.

Thereafter, Special Courts were constituted in Delhi vide a

notification dated 23.02.2018.

Digitally Signed

By:ZEENAT PRAVEEN

Signing Date:08.01.2024

18:56:31

Signature Not Verified

CRL.M.C. 9128/2023

Page 3 of 16

3.

By way of present petition, it is submitted that on 09.11.2023,

in the aforesaid case, detailed directions were passed by the Hon‟ble

Apex Court whereby Special Courts were directed to expedite the

trial of cases relating to MPs/MLAs.

4.

It is the case of petitioner that he was elected as a member of

Legislative Assembly of Delhi, and had become MLA on 14.04.2017,

however, he had ceased to be an MLA on 11.02.2020. It is stated that

the copy of the notification dated 11.02.2020, dissolving the

Legislative Assembly of the NCT of Delhi, can be referred to in this

regard. It is stated that since the petitioner has ceased to be an MLA

on the said date, and a criminal complaint had been filed against him

pertaining to the period when the petitioner had ceased to be an MLA

since the allegations relate to the period post 16.02.2020, the case

pending against him could not have been tried by a Special Court

dealing with cases against MPs/MLAs.

5.

It is also stated that respondent no. 2, who is the complainant

before the lear