Crl.M.C. Nos.2386/2020 & 2412/2020

Page 1 of 18

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+

Crl.M.C.No.2386/2020

Judgment reserved on : 22.02.2021

Date of decision : 04.10.2021

SUMAN SOLANKI

..... Petitioner

Through:

Mr.Sunil Dalal, Sr.Advocate

with Mr. Sandeep Chaudhary

and

Mr.

Ghanish

Bagaria,

Advocates.

versus

STATE (GOVT. OF NCT OF DELHI) & ANR..... Respondents

Through:

Mr.Kamal Kumar Ghei, APP

for State with SI Kamal Kohli.

Mr.Yogesh Goel, Mr.Aaditya

Gambhir and Mr. Himanshu

Reddy, Advocates for R-2.

AND

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Crl.M.C.No.2412/2020 and Crl.M.A. No.17028/2020

JOGINDER SINGH LATHER

..... Petitioner

Through:

Mr.Jasbir

Singh

Malik,

Advocate

versus

STATE (GOVT. OF NCT OF DELHI) & ANR..... Respondents

Through:

Mr.Kamal Kumar Ghei, APP

for State with SI Kamal Kohli.

Mr.Rajesh Baweja, Advocate

for complainant.

2021:DHC:3166

Crl.M.C. Nos.2386/2020 & 2412/2020

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CORAM:

HON'BLE MS. JUSTICE ANU MALHOTRA

JUDGMENT

ANU MALHOTRA, J.

1.

The petitioners of the two petitions, Crl.M.C. No. 2386/2020

and 2412/2020 have assailed the order dated 2.12.2020 of the learned

Link Judge/Additional Sessions Judge (Electricity) (North-West),

Rohini Courts, Delhi, whereby in relation to the FIR No. 59/2019,

Police Station EOW registered under Sections 406/420/120B of the

Indian Penal Code, 1860, in relation to the Bail Appln. No. 3959/2020

filed by Ram Niwas Lather, the learned Additional Sessions Judge

held that as a part of the cause of action arose in the North as well as

the North-West District, both the Courts had jurisdiction to decide the

applications filed by them in accordance with law and thus held that

the Court of the Additional Sessions Judge (NW), Rohini, had

jurisdiction to hear the Bail Appln. No. 3959/2020 filed in relation to

FIR No. 59/2019, Police Station EOW of the applicant Ram Niwas

Lather arrayed as the respondent no.2 to Crl.M.C No. 2386/2020.

2.

The submissions that had been made before the learned

Additional Sessions Judge (Electricity) North-West, on behalf of the

complainant who is the petitioner of Crl.M.C. No. 2386/2020,

presently, under consideration before the learned Additional Sessions

Judge, were to the effect that the jurisdiction to hear the bail

application lay with the North District and not the North-West

District. Vide the impugned order dated 2.12.2020, the learned

2021:DHC:3166

Crl.M.C. Nos.2386/2020 & 2412/2020

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Additional Sessions Judge (Electricity) (North-West) had fixed the

hearing of the bail application on merits for the date 4.12.2020. In as

much as, vide order dated 4.12.2020 in Crl.M.C. No. 2386/2020,

presently under consideration, the operation of the impugned order

dated 2.12.2020, of the learned Additional Sessions Judge (Electricity)

North-West, Rohini Courts, in relation to Bail Appln. No. 3959/2020

had been stayed, in the circumstances, as the hearing of the

anticipatory bail application had thus been consequently stayed it was

directed that till the next date of hearing, the applicant of the Bail

Appln. No. 3959/2020 arrayed as respondent No.2 to the Crl.M.C. No.

2386/2020 be not arrested by the Investigating Agency subject to his

not leaving the country. The said interim order is presently in

existence.

3.

The petitioner of Crl.M.C. No. 2386/2020, i.e., the complainant

in relation to the case FIR No. 59/2019, Police Station EOW, apart

from seeking the setting aside of the order dated 2.12.2020 of the

learned Additional Sessions Judge (Electricity) North-West, Rohini

Courts on the grounds that the learned Additional Sessions Judge had

exceeded jurisdiction by the said order also prayed that the respondent

no.2 be directed to file the bail application before the North District,

Rohini Courts.

4.

The petitioner of Crl.M.C. 2412/2020, Joginder Singh Lather,

another co-accused in case FIR No. 59/2019, PS EOW, apart from

seeking that the or