Case Note & Summary
The petitioners, nine individuals, sought the transfer of Special Case No. 22 of 2008 from the Special Judge, CBI, Greater Mumbai to a court in Jaipur under Section 406 of the Code of Criminal Procedure, 1973. The case arose from a First Information Report registered on 29.09.2005 against Shri B.R. Meena for possessing disproportionate assets while serving as Commissioner of Income-Tax. The petitioners were accused of abetting Meena by fabricating false evidence. They argued that most evidence and witnesses were located in Rajasthan, thus necessitating the transfer for convenience. The court heard arguments from both sides, with the petitioners emphasizing their residence in Rajasthan and the location of witnesses, while the respondents highlighted the influence of the main accused and the jurisdictional appropriateness of Mumbai. The court noted that the petitioners did not claim they would not receive fair justice in Mumbai, and that mere inconvenience was insufficient for transfer. The court ultimately dismissed the transfer petition, stating that the petitioners had not provided compelling reasons beyond convenience for the transfer, and that the trial could proceed fairly in Mumbai. The decision underscored the necessity of demonstrating a reasonable apprehension of injustice for a transfer to be granted.
Headnote
A) Criminal Procedure - Transfer of Cases - Grounds for Transfer - Code of Criminal Procedure, 1973, Section 406 - The court held that mere convenience of the petitioners does not justify the transfer of the case, as no reasonable apprehension of injustice was established. The petitioners failed to demonstrate that a fair trial could not be conducted in the current jurisdiction (Paras 5-10).
Issue of Consideration
Whether the transfer of the case from Greater Mumbai to Jaipur is warranted under Section 406 of the Code of Criminal Procedure, 1973.
Final Decision
The Supreme Court dismissed the transfer petition, stating that the petitioners did not provide sufficient grounds beyond convenience for the transfer of the case from Greater Mumbai to Jaipur.
Law Points
- Transfer of cases
- Section 406 CrPC
- fair trial
- reasonable apprehension
- convenience of parties
