A Delhi court has stayed proceedings in two criminal complaint cases pending before a judicial magistrate after the accused persons sought transfer of the matters alleging bias and procedural irregularities in the conduct of the proceedings.
Principal District and Sessions Judge Vijay Kumar Dahiya was hearing the transfer petitions filed in two different criminal complaint cases and issued notices seeking comments from the judicial magistrate Komal in a sealed cover.
In an order dated June 9, the court said, "Let notice of the transfer petition be issued to the respondent….Further proceedings of the Ct Case titled as Rajesh Kumar Kaushik Vipin Sharma and Ors before the Trial Court are stayed till NDOH".
The court noted that the petitions contained allegations of bias against the presiding officer and directed that a copy of the transfer plea be sent to the magistrate concerned.
One of the petitions was filed by Amit Saraogi, an accused in a complaint case titled "Advik Capital Ltd vs Fairplan Distributors Pvt Ltd and Ors", while the other was moved by Dayanand Ray in a case titled "Rajesh Kumar Kaushik vs Vipin Sharma and Ors".
The petitioners alleged that notices were issued to the accused persons before completion of pre-summoning procedures and claimed that the matters were being taken up with unusual urgency. They also raised apprehensions that they may not receive a fair hearing if the cases continued before the same court.
Saraogi's plea further alleged that several complaint cases connected with businessman Vikas Garg and his companies were being listed at short intervals before the same court, creating an apprehension of bias.
Without expressing any opinion on the merits of the allegations, the district judge called for the trial court record and stayed further proceedings in both complaint cases till the next date of hearing.
The court has issued notice to the respondents and listed the transfer petitions for further proceedings on July 31.
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