ASHOK BHUSHAN, J. - (1.) This review petition has been filed praying that the Order dated 18.05.2018 passed in Transfer Petition (Crl.) No. 262 of 2018 and the Order dated 05.06.2018 dismissing the M.A. be reviewed.
(2.) Brief facts of the case giving rise to this review petition now need to be noted:- 2.1 The review petitioner lodged the First Information Report No.39/2016 in Police Station, Mangol Puri, Delhi under Section 389/34 Indian Penal Code, in which respondent Nos.1 to 5 to this review petition were made accused. The Investigating Officer after completing investigation submitted a charge sheet against all the accused. 2.2 The learned Metropolitan Magistrate, North-West Delhi took cognizance of the offence and issued summons to all the accused for appearance on 02.03.2018. On 05.03.2018, the accused did not appear, the Court observed that despite service of summon all accused are absent, hence, issue fresh summons all the accused for 02.05.2018. On 02.05.2018, applications were filed for exemption from personal appearance by accused persons. The learned Magistrate allowed the application subject to filing of original medical certificates. 2.3 The respondent Nos.1 to 3 and 5 filed transfer petition on 08.05.2018 being Transfer Petition (Crl.) No.262/2018 under Section 406 of Cr.P.C. seeking transfer of trial of Criminal Case No.3483 of 2017. In the transfer petition, following were the three respondents, who were impleaded:- 1. State (NCT of Delhi) Through the Commissioner of Police, I.P. Estate, New Delhi -110 012. 2. Mohan Srivastava alias Akahauri Onkar Nath, S/o Late Sh Akhauri Bholanath, Resident of Near Bairagi Harijan Temple, P.S. Delha, District Gaya (Bihar) 823001. 3. Jugal Kishore Yadav, S/o Sh Puna Prasad Yadav R/o 13/137, Sector -16, Rohini, Delhi - 110 089. 2.4 Transfer petition was taken by this Court and following order was passed on 18.05.2018:- "Heard learned counsel for the petitioner. Without expressing any opinion on merits, we direct that proceedings in Crl. Case No.0003483 of 2017 titled "State Vs. Swati Nirkhi and Ors." on the file of Metropolitan Magistrate 461 North West, Rohini Courts, New Delhi shall stand transferred to the Court of Metropolitan Magistrate at Allahabad, Uttar Pradesh, for hearing and disposal in accordance with law. Records shall be sent to the transferee Court forthwith. It will be open to the parties to seek clubbing of all the matters, if any, pending between them in accordance with law. The Registry to transmit a copy of this order to the courts concerned. Parties to appear before the transferee court on Monday, 9th, July, 2018. The transfer petition is, accordingly, allowed with the above direction. Since this order being passed ex-parte, it will be open to the respondents to approach this Court, if aggrieved." 2.5 The review petitioner, who had filed the F.I.R. No.39/2016 was not made one of the respondents in the transfer petition. The review petitioner after order dated 18.05.2018 filed M.A.No.1589 of 2018 praying for recall of the Order dated 18.05.2018 passed by this Court in Transfer Petition (Crl.) No.262 of 2018. This Court dismissed the M.A. by passing following order:- "No further order is called for. M.A. is, accordingly, dismissed." 2.6 After rejection of the M.A. No.1589 of 2018, the review petitioner has filed this Review Petition (Crl.) No. 671 of 2018 praying for review of orders dated 18.05.2018 and 05.06.2018. In this review petition, order was passed on 24.10.2018 allowing the application for open court hearing and notice was issued by this Court. This Court passed following order on 24.10.2018:- "Application for Open Court hearing is allowed. Delay condoned. Issue notice." 2.7 After issuance of notice, reply has been filed to the review petition by respondent Nos. 1 to 3 as well as by respondent No.5 - Jugal Kishore Yadav. A short affidavit on behalf of respondent No. 3 dated 11.01.2021 as well as an affidavit on behalf of review petitioner dated 19.01.2021 has also been filed.
(3.) We have heard Shri Rajendra Khare, the review petitioner appearing-in-person. Shri Rahul Shyam Bhandari, learned counsel has appeared for respondent Nos.1, 2 and 3 and Shri Kaustubh Shukla, learned counsel has appeared for respondent No.5.;