Case Note & Summary
The petitioners, a husband and wife, sought the transfer of Criminal Case No. 45 of 2008 from the Court of Special Judge, CBI Cases, Rohini, New Delhi to the Court of Special Judge, CBI Cases, Thane, Maharashtra, citing convenience for themselves and the majority of witnesses. The husband, an Assistant Commissioner in Central Excise, and the wife, a Chartered Accountant, faced prosecution under the Prevention of Corruption Act, 1988, based on allegations of disproportionate assets amassed during the husband's tenure in New Delhi. The charge-sheet included 92 witnesses, with 88 from Maharashtra, making travel to Delhi burdensome. The petitioners argued that their professional and personal commitments made attending court in Delhi inconvenient. The CBI opposed the transfer, asserting that the case was appropriately filed in Delhi due to the husband's posting during the relevant period. The court noted that the convenience of the parties and witnesses was a significant factor in determining the transfer, referencing previous judgments that highlighted the need for a fair trial. Ultimately, the court found that the trial in Delhi would likely prolong proceedings and hinder justice, thus allowing the transfer to Thane for expeditious resolution. The court ordered the case record to be transferred immediately to the Thane court for prompt handling.
Headnote
A) Criminal Procedure - Transfer of Criminal Cases - Convenience of Parties - Section 406 Code of Criminal Procedure, 1973 - The court emphasized the importance of convenience for both the accused and witnesses in transfer petitions, holding that the trial in Delhi would be inconvenient given that most witnesses were from Maharashtra. The court allowed the transfer to ensure a fair trial and expedite proceedings (Paras 1-13).
Issue of Consideration
Whether the transfer of Criminal Case No. 45 of 2008 from Delhi to Thane is warranted for the convenience of the parties and witnesses.
Final Decision
The Supreme Court allowed the transfer of Criminal Case No. 45 of 2008 from the Court of Special Judge, CBI Cases, Rohini, New Delhi to the Court of Special Judge, CBI Cases, Court of Sessions at Thane, Maharashtra, directing the record to be transferred immediately for expeditious disposal.
Law Points
- Transfer of cases
- convenience of parties
- fair trial
- Section 406 Cr.P.C.
- expeditious disposal
