Case Note & Summary
The case involved a Transfer Petition filed under Section 406 of the Code of Criminal Procedure, 1973, by the petitioner seeking to transfer a criminal case pending in Bangalore to Kolkata. The case was registered under Section 498-A of the Indian Penal Code, 1860, and Sections 3 and 4 of the Dowry Prohibition Act. The Supreme Court heard arguments from both parties, represented by their respective advocates. After considering the submissions, the court concluded that the Transfer Petition lacked merit and dismissed it. The decision was made by a bench comprising Justices H.L. Dattu and Chandramauli Kr. Prasad, and the order was signed on July 9, 2012. The court's dismissal indicated that the circumstances did not justify the transfer of the case to another jurisdiction.
Headnote
A) Criminal Procedure - Transfer of Criminal Cases - Dismissal of Transfer Petition - Code of Criminal Procedure, 1973, Section 406 - The petitioner sought transfer of a criminal case filed under Section 498-A IPC and the Dowry Prohibition Act from Bangalore to Kolkata. The court found no merit in the petition and dismissed it, indicating that the transfer was not warranted (Paras 1-3).
Issue of Consideration
Whether the transfer of the criminal case from Bangalore to Kolkata should be granted.
Final Decision
The Supreme Court dismissed the Transfer Petition, finding no merit in the request to transfer the criminal case from Bangalore to Kolkata.
Law Points
- Transfer of cases
- Criminal Procedure Code
- Dowry Prohibition Act
- Indian Penal Code
