Case Note & Summary
The petition was filed under Section 406 of the Code of Criminal Procedure, 1973, seeking the transfer of multiple criminal cases involving Shree Baidyanath Ayurved Bhawan Pvt. Ltd. from the Punjab & Haryana High Court to the Delhi High Court. The company, engaged in manufacturing Ayurvedic medicines, had numerous disputes with its Carrying and Forwarding Agents, leading to various FIRs and complaints filed against each other. The petitioner argued that all cases arose from a single transaction and that consolidating them would serve the interest of justice. The respondents contended that the petitioners did not show a reasonable apprehension that justice would not be done in the current jurisdiction. The court noted that while it has the power to transfer cases, the convenience of all parties, including witnesses, must be considered. It found no reasonable basis for the petitioners' fears and dismissed the transfer petition, suggesting that local judges consider consolidating the cases for efficiency. The decision emphasized the impartiality of the courts in Punjab and Haryana and the need for fair treatment of all parties involved.
Headnote
A) Criminal Procedure - Transfer of Cases - Reasonable Apprehension of Injustice - Code of Criminal Procedure, 1973, Section 406 - The court held that the petitioners failed to demonstrate a reasonable apprehension that justice would not be served in the current jurisdiction, emphasizing the need for convenience of all parties involved. The court dismissed the transfer petition but requested local judges to consider consolidating cases for efficiency (Paras 16-20).
Issue of Consideration
Whether the transfer of multiple criminal cases from Punjab to Delhi High Court was justified.
Final Decision
The transfer petition was dismissed, with the court suggesting local judges consider consolidating cases for efficiency.
Law Points
- Transfer of criminal cases
- Section 406 Code of Criminal Procedure
- 1973
- convenience of parties
- apprehension of injustice
