Supreme Court Transfers Trial Pending Against Choreographer Remo D'Souza In 2016 Cheating Case From UP To Delhi

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

A bench of Justices Surya Kant and Ujjal Bhuyan passed the order, partly allowing the appeal filed by D'Souza against an Allahabad High Court order, whereby his plea to quash the criminal proceedings was dismissed. The order was dictated thus:

"Leave granted. Though the impugned order before us passed by the High Court of Judicature at Allahabad has turned down the appellant's challenge to the summoning order, the notice was issued by us, keeping in view the peculiar facts and circumstances of this case, to accord an alternative relief to the appellant. During the course of hearing, we have impressed upon ld. counsel for the appellant and ld. counsel for respondent No.2-complaint that it will be in interest of both sides if the trial is transferred from the court at Ghaziabad to the court of Metropolitan Magistrate in Delhi. They have fairly agreed...consequently, the appeal is allowed in part, to the extent that trial No...is ordered to be transferred to the Court of Chief Metropolitan Magistrate, Karkardooma Courts, New Delhi. The CMM shall be at liberty to entrust the case to any other MM, having competent jurisdiction. The parties are directed to appear before the transferee court on [...]"

A counsel for State of UP sought time to file a reply, but the court proceeded to pass the order, finding no reason to delay the conclusion of the trial proceedings. It was noted that since the transfer is being made to a close-by court, no prejudice will be caused either to the prosecutor or to the prosecution witnesses.

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

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

As such, the FIR was lodged under Sections 420 (cheating), 406 (criminal breach of trust), and 386 (extortion by putting a person in fear of death or grievous hurt) of IPC. A court of A.C.J.M. III, 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 counsel for state submitted that D'Souza had failed to challenge the chargesheet in the case, the court dismissed his petition.

Case Title: REMO D SOUZA Versus STATE OF UTTAR PRADESH AND ANR., SLP(Crl) No. 15328/2024 

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