Criminal Misc. No.M-21101 of 2008 -1- **** IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No.M-21101 of 2008 Date of decision : 5.11.2009 S.P.S.Rathore IPS ....Petitioner Versus C.B.I. SIC 1, New Delhi and others ...Respondents **** CORAM : HON'BLE MR. JUSTICE S. D. ANAND Present: Ms. Abha Rathore, Advocate for the petitioner. Mr. Ajay Kaushik, Advocate Central Govt. Standing Counsel for C.B.I. with Mr. Surinder Pal, S.P. (C.B.I.) Mr. Pankaj Bharwaj, Advocate for the complainant. S. D. ANAND, J. The learned counsel for the parties ( counsel for the petitioner, counsel for the C.B.I. and also the counsel for the complainant) have agreed to the transfer of the relevant matter from the Court of learned Special Judicial Magistrate, CBI, Patiala, to the Court of learned Chief Judicial Magistrate/Special Judicial Magistrate, CBI, Chanidgarh. The terms and conditions of the consensual arrangement have been documented in the form of a separately recorded joint statement of all the learned Counsel which is extracted herenunder:- “a) We agree to the transfer of the trial of case RC No.1(S) of 2000, CBI Vs. S.P.S. Rathore from the Court of the learned Special Judicial Magistrate, CBI, Patiala to the Court of the learned Chief Judicial Magistrate/Special Judicial Magistrate, CBI, Chanidgarh; Criminal Misc. No.M-21101 of 2008 -2- **** b) We do not press for a finding in respect of the allegations/counter allegations made in the context of the transfer application; c) Since the evidence of the parties has already concluded, we would proceed with arguments on day-to-day basis and ensure that the arguments are concluded within one month as the outer limit; d) Apart from the oral arguments, we shall also place on record the written arguments; e) It is agreed that the matter shall be argued during the post-lunch period on all working days and neither party shall make a request for adjournment; f) The Court shall hold in-camera and on-camera proceedings. The camera shall be so focussed that it covers the Presiding Officer as well, besides the learned counsel for the parties and the accused. The arrangement for camera shall be made by the CBI; g) As requested by Mr. Surinder Pal, S.P. (CBI), the CBI is granted liberty to obtain the necessary camera equipment from the Chandigarh Police. On a request being forwarded by the CBI to the Chandigarh Police, the latter shall make the relevant facility available; h) We further assure that we would not be filing any further interlocutory application till the conclusion of the case; i) The parties shall appear before the learned Chief Judicial Magistrate/Special Judicial Magistrate, CBI, Chandigarh on 17.11.2009.” Criminal Misc. No.M-21101 of 2008 -3- **** In the light thereof, the petition shall stand allowed. The trial of case RC No.1(S) of 2000, CBI Vs. S.P.S. Rathore from the Court of the learned Special Judicial Magistrate, CBI, Patiala, shall stand transferred to the Court of the learned Chief Judicial Magistrate/Special Judicial Magistrate, CBI, Chandigarh. The learned Chief Judicial Magistrate/Special Judicial Magistrate, CBI, Chandigarh shall allow the parties to place written arguments on file. As the evidence of the parties stands concluded and the matter has already been over delayed (for one reason or the other), the learned transferee Court shall proceed with arguments on day-to-day basis and ensure that the arguments are concluded within one month as the outer limit. The matter shall be heard on all working days during the post- lunch period and neither party shall be entitled to make a request for adjournment. The Court shall hold in-camera and on-camera proceedings. The camera shall be so focussed that it covers the Presiding Officer as well, besides the learned counsel for the parties and the accused. The arrangement for camera shall be made by the CBI. In view of the request made by Mr. Surinder pal, S.P.(C.B.I.), the organisation (C.B.I.) is granted liberty to obtain the necessary camera equipment from the Chandigarh Police. On a request being forwarded by the CBI to the Chandigarh Police, the latter shall make the relevant facility available. The parties shall be bound by statement made by their learned counsel to the effect that no further interlocutory application shall be filed till the conclusion of the case. Learned Sessions Judge, Chandigarh, shall monitor the progress of this case. Criminal Misc. No.M-21101 of 2008 -4- **** The parties, through their learned counsel, are directed to appear before the learned Chief Judicial Magistrate/Special Judicial Magistrate, CBI, Chandigarh on 17.11.2009. The entire trial Court record shall be transmitted forthwith to the learned transferee Court. The immediate forwarding of record shall enable the learned transferee Court to peruse the file before it proceeds to hear arguments. Disposed of accordingly. Copy of the order be given to the learned counsel for the parties under signatures of the Special Secretary. FAX also. November 05, 2009 (S. D. ANAND) Pka JUDGE