Case Note & Summary
The case involved a petition under Section 406 of the Code of Criminal Procedure, 1973, seeking the transfer of a criminal trial from the Court of Special Judge, Ambala to a court in Delhi. Upon hearing the counsel for both parties, it was noted that they had no objection to transferring the case to the Special Court at Shimla, Himachal Pradesh, instead of Delhi. The Supreme Court ordered the transfer of the case to the Special Court at Shimla and directed that the records be sent promptly. Furthermore, the Special Court was instructed to expedite the proceedings and aim to dispose of the case within six months of receiving the records. The interim order, if any, was vacated. The petition was disposed of accordingly.
Headnote
A) Criminal Procedure - Transfer of Trial - Jurisdiction - Transfer of case from one court to another - Code of Criminal Procedure, 1973, Section 406 - The court considered the application for transfer and the parties' agreement to transfer the case to Shimla instead of Delhi. The court directed the transfer of the case and instructed the receiving court to dispose of the matter expeditiously within six months. Held that the transfer was warranted based on the parties' consent (Paras 1-2).
Issue of Consideration
Whether the trial of the case should be transferred from Ambala to another court.
Final Decision
The Supreme Court ordered the transfer of the case from the Court of Special Judge, Ambala to the Special Court at Shimla, directing that the case be disposed of within six months of the transfer.
Law Points
- Transfer of trial
- Section 406 CrPC
- jurisdiction of courts
