Case Note & Summary
The Supreme Court of India addressed a criminal appeal concerning the transfer of a criminal complaint filed against the appellant. The complaint, numbered 672/27.09.2004, was pending before the Judicial Magistrate, 1st Class, Ludhiana, Punjab. The appellant, Jagdish Tytler, sought the transfer of this complaint to a competent court in Haryana. During the hearing, the counsel for the second respondent, the complainant, indicated no objection to transferring the case to Delhi instead. The court, upon considering the submissions, ordered the transfer of the complaint to the Chief Metropolitan Magistrate, Patiala House, Delhi, who would either try the case himself or assign it to another competent court. The Judicial Magistrate in Punjab was directed to send all relevant records to the Chief Metropolitan Magistrate in Delhi. The appeal was disposed of accordingly, along with a related application. The judgment was delivered on 12th December 2008.
Headnote
A) Criminal Procedure - Transfer of Criminal Complaint - Jurisdictional Transfer - Code of Criminal Procedure, 1973, Section Not mentioned - The appellant sought the transfer of a criminal complaint pending in Punjab to a court in Haryana, with the complainant's counsel having no objection to the transfer to Delhi instead. The court ordered the transfer to the Chief Metropolitan Magistrate, Patiala House, Delhi, for trial, ensuring all records were sent accordingly - Held that the transfer was appropriate given the circumstances (Paras 1-2).
Issue of Consideration
Whether the criminal complaint should be transferred to a competent court in another jurisdiction.
Final Decision
The Supreme Court ordered the transfer of the criminal complaint from Ludhiana, Punjab to the Chief Metropolitan Magistrate, Patiala House, Delhi, directing the Judicial Magistrate to send all records accordingly.
Law Points
- Transfer of cases
- jurisdiction
- criminal procedure
