Case Note & Summary
The Supreme Court addressed a transfer petition filed by the petitioner-wife and her family members under Section 406 of the Code of Criminal Procedure, 1973. The petition sought the transfer of Criminal Case No. 329 of 2007, which was pending in the Court of Metropolitan Magistrate, Patiala House, New Delhi, to the Family Court in Allahabad, Uttar Pradesh. The petitioners argued that the transfer was necessary for convenience and to ensure a fair hearing in a suitable forum. After reviewing the grounds of the petition and hearing the counsel for both parties, the court concluded that the transfer petition was justified. The court allowed the transfer, emphasizing the importance of facilitating justice for the parties involved. The decision was made on November 6, 2009, by Justices Harjit Singh Bedi and J.M. Panchal.
Headnote
A) Criminal Procedure - Transfer of Cases - Jurisdictional Transfer - Code of Criminal Procedure, 1973, Section 406 - The petitioners sought the transfer of a criminal case to facilitate proceedings in a more appropriate forum. The court found merit in the petition and allowed the transfer to ensure justice and convenience for the parties involved. Held that the transfer was necessary for the interests of justice (Paras Not mentioned).
Issue of Consideration
Whether the transfer of the criminal case from the Metropolitan Magistrate to the Family Court was justified.
Final Decision
The Supreme Court allowed the transfer petition and directed the transfer of Criminal Case No. 329 of 2007 from the Court of Metropolitan Magistrate, Patiala House, New Delhi to the Family Court, Allahabad, U.P.
Law Points
- Transfer of cases
- jurisdiction
- Code of Criminal Procedure
- 1973
