Supreme Court transfers pending trial against choreographer Remo D'Souza in 2016 fraud case from UP to Delhi

The Supreme Court today transferred the hearing of a 2016 cheating case against choreographer and film director Remo D'Souza from Ghaziabad in Uttar Pradesh to Delhi.

A division bench of Justices Surya Kant and Ujjal Bhuyan passed the order while partially accepting D'Souza's appeal against the Allahabad High Court order dismissing his plea to quash criminal proceedings.

The bench ordered that "Leaving. Though the impugned order passed before us by the Allahabad High Court has dismissed the appellant's challenge to the summoning order, taking into consideration the peculiar facts and circumstances of this case, notice was issued to grant alternative relief to the appellant. During the hearing, we have impressed upon the counsel for the appellant and the counsel for respondent no. 2-complainant that it would be in the interest of both the parties if the trial is transferred from the court of Ghaziabad to the court of Metropolitan Magistrate at Delhi. They are quite in agreement... Consequently, the appeal is partly allowed, to the extent that the trial no... Delhi High Court is ordered to be transferred to the Chief Metropolitan Magistrate, Karkardooma Court, New Delhi. The CMM will be free to assign the case to any other MM having competent jurisdiction. The parties are directed to appear before the transferee court".

A counsel for the State of Uttar Pradesh sought time to file a reply, but the court continued to pass the order, finding no reason to delay the conclusion of the trial proceedings. It was noted that since the transfer is being done to a closer court, there will be no prejudice to the prosecutor or prosecution witnesses.

The case against D'Souza dates back to 2016 when an FIR was filed at the behest of Ghaziabad-based businessman Satyendra Tyagi. In the said FIR, it was alleged that D'Souza suggested Tyagi to invest Rs 5 crore in his upcoming film 'Amar Must Die' with the promise that he (Tyagi) would get double the amount (Rs 10 crore) after the release of the film. However, the promise was not fulfilled.

Tyagi further alleged that when he asked for the promised money, D'Souza threatened and intimidated him by calling underworld don Prasad Pujari.

Thus, the FIR was filed under Sections 420 (cheating), 406 (criminal breach of trust), and 386 (extortion by putting a person in fear of death or grievous hurt) of the IPC. A court of ACJM III of Ghaziabad took cognizance of the offence in October 2020.

D'Souza moved the high court challenging the cognizance order and sought a stay on the proceedings. However, when the state counsel said that D'Souza had failed to challenge the chargesheet in the case, the court dismissed his plea.