IN THE SUPREME COURT OF INDIA CRIMINAL ORIGINAL JURISDICTION RAKESH CHANDRA JHA & ORS. PETITIONER(S)

VERSUS THE STATE OF WEST BENGAL & ORS. RESPONDENT(S)

O R D E R

1. Heard learned counsel for the parties.

2. The petitioners seeking transfer of criminal proceeding bearing FIR No.177/2023 initiated against them by Respondent No.3 before Police Station Karaya, Kolkata, West Bengal to Bisrakh, Central (Commissionerate Gautambuddha Nagar), Noida, Uttar Pradesh as similar complaint has been filed by the same Respondent No.3 i.e. FIR No.134/2023 on the same cause of action. The allegations made by the complainant are related to the election of Apartment Owners Association in Noida, Uttar Pradesh and in relation to which the complainant and the accused-petitioners exchanged texts messages, which according to the complainant are defamatory in nature.

3. Be that as it may, since the basic dispute between the parties in sum and substance is primarily in Noida, we think it appropriate that the criminal proceeding at Kolkata, West Signature Not Verified Digitally signed by Nirmala Negi Bengal, be transferred to Noida, Uttar Pradesh. We have been Date: 2025.02.07

17:46:10 IST Reason:

informed that chargesheet has been filed in the case at Noida.

4. In case the investigation has been completed in the case at Kolkata, West Bengal, the chargesheet may be filed and the same be transferred to the competent Court at Noida, Uttar Pradesh.

5. The present petition is disposed of in the above terms.

6. Pending application(s), if any, shall also stand disposed of.

.................. J.

(SUDHANSHU DHULIA)

................... J. (AHSANUDDIN AMANULLAH)

New Delhi;

February 04, 2025.

ITEM NO.10 COURT NO.12 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS RAKESH CHANDRA JHA & ORS. PETITIONER(S)

VERSUS THE STATE OF WEST BENGAL & ORS. RESPONDENT(S)

(IA No. 224007/2023 - EX-PARTE STAY & IA No. 224008/2023 -

EXEMPTION FROM FILING O.T.)

Date : 04-02-2025 This matter was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE SUDHANSHU DHULIA HON'BLE MR. JUSTICE AHSANUDDIN AMANULLAH For Petitioner(s) Mr. Apoorv Shukla, AOR Mr. Prabhleen A. Shukla, Adv.

For Respondent(s) Ms. Nandini Sen Mukherjee, AOR Mr. Manish Tiwari , AOR Mr. Manish Tiwari, Adv.

Mr. Rk Tanwar, Adv.

Mr. Rs Janwa, Adv.

Ms. Thashmitha Km, Adv.

UPON hearing the counsel the Court made the following

O R D E R

The present petition is disposed of in terms of the signed order, which is placed on the file.

Pending application(s), if any, shall stand disposed of.

(NIRMALA NEGI) (RENU BALA GAMBHIR)

COURT MASTER (SH) ASSISTANT REGISTRAR