Case Note & Summary
The case involved a transfer petition filed by the petitioner-wife, Lata Sedha, who was facing a criminal complaint lodged by the respondent, Deepak Sedha, in the C.J.M. Court at Panchkula, Haryana. The petitioner argued that she was residing in Delhi and was unable to contest the case in Panchkula due to the distance and associated difficulties. The Supreme Court considered the circumstances presented by the petitioner and recognized the need for convenience in legal proceedings. Consequently, the court allowed the transfer of the criminal complaint numbered 1335-A of 2003 and 1382 of 2003 from the C.J.M. Court at Panchkula to the C.J.M. Court at Rohini District, Delhi. The court ordered that all records related to the case be transferred accordingly, thereby facilitating the petitioner's ability to engage in the legal process without undue hardship. The decision underscored the court's commitment to ensuring that parties can effectively participate in their cases without facing logistical barriers.
Headnote
A) Criminal Procedure - Transfer of Criminal Cases - Convenience of Parties - Criminal Procedure Code, 1973, Section 406 - The petitioner contended inability to contest the case in Panchkula due to residing in Delhi. The court directed the transfer of the criminal complaint to facilitate the petitioner's participation in the proceedings, emphasizing the importance of convenience in legal proceedings. Held that the transfer was justified under the circumstances (Paras Not mentioned).
Issue of Consideration
Whether the criminal complaint should be transferred from Panchkula to Delhi for the convenience of the petitioner.
Final Decision
The Supreme Court allowed the transfer of the criminal complaint from the C.J.M. Court at Panchkula to the C.J.M. Court at Rohini District, Delhi, directing the transfer of all records accordingly.
Law Points
- Transfer of cases
- convenience of parties
