K.V.S.RAO Vs C.B.I. & ORS.
Bench: P SATHASIVAM,RANJAN GOGOI
Case number: Transfer Petition (Crl.) 89 of 2013
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REPORTABLE
IN THE SUPREME COURT OF INDIA CRIMINAL ORIGINAL JURISDICTION
TRANSFER PETITION (CRL.) NO. 89 OF 2013
K.V.S.RAO ...PETITIONER(S)
VERSUS
C.B.I. & ORS. ....RESPONDENT(S)
WITH
TRANSFER PETITION (CRL.)NO. 100 OF 2013 TRANSFER PETITION (CRL.) NO. 108 OF 2013 TRANSFER PETITION (CRL.) NO. 124 OF 2013 TRANSFER PETITION (CRL.) NO. 125 OF 2013
O R D E R
Heard learned senior counsel appearing on behalf
of the petitioners as well as learned Additional Solicitor
General appearing on behalf of the respondent-CBI.
After going into all the details furnished in
the transfer petitions as well as the counter affidavit
filed by the C.B.I., we are of the view that the
petitioners have made out a case for transfer. It is the
settled principle of law that when two or more cases are
pending against the petitioners/respondents which are
similar in nature can be transferred from one Court to
another. In the case on hand the only objection projected
by the learned Additional Solicitor General is that apart
from the official witnesses, the other witnesses have to
come from various places viz. Kanpur, Rampur, Bareilly,
Ahmedabad, Lucknow, Patna, Kolkata, Rohtak, Latur, Chennai
and Mumbai.
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Taking note of the fact that most of the
witnesses are either doctors or officers working in
respective medical colleges and also of the fact that the
ultimate decision was taken only at the ministerial level
which is at Delhi, we feel that in the interest and
convenience of all parties, all these cases are to be
tried together at Delhi. Therefore, Criminal Case No. 5 of
2013 titled as Central Bureau of Investigation Vs. Dr.
Keshav Kumar Agarwal & Ors. registered on the basis of the
F.I.R. No. RC0062010A0014 of 2010 dated 22.5.2010 pending
before the Court of Special Judge, Anti Corruption No. 4,
CBI, Lucknow, is ordered to be transferred to the Court of
Special Judge, C.B.I, Patiala House, New Delhi and is to
be heard along with Criminal Case No. 3 of 2012 titled as
Central Bureau of Investigation Vs. Dr. Anbumani Ramadoss &
Ors.
The transfer petitions are allowed accordingly.
After transfer and receipt of all the required
records, the transferee Court is directed to take all
endeavour for early completion of the trial.
In view of the order in transfer petitions, no
order is required in Criminal Miscellaneous Petition for
discharge of earlier advocate.
...................CJI. [P. SATHASIVAM]
NEW DELHI ....................J. 10TH MARCH, 2014 [RANJAN GOGOI]