Case Note & Summary
The case involved a transfer petition filed by Manju Gupta seeking the transfer of Criminal Miscellaneous Case No.1119/2002, which was pending in the court of Chief Judicial Magistrate, Ambikapur, Chhatisgarh. The petitioner sought the transfer on the grounds of safety and convenience. The Supreme Court, after hearing the counsel for both parties, concluded that no sufficient grounds were established to warrant the transfer of the case. However, the court directed that the trial court should call the petitioner and her witnesses to record their evidence only once or twice, ensuring that the process was not burdensome. Additionally, the court ordered that the respondents, Arun Raj Gupta and others, would be responsible for the costs incurred by the petitioner, amounting to Rs.1,000 per day. The court also assured that if any threats were posed by the respondents, appropriate police protection would be provided to the petitioner and her witnesses. The transfer petition was thus disposed of without granting the transfer.
Headnote
A) Criminal Procedure - Transfer of Cases - Grounds for Transfer - Transfer Petition (Crl.) 69 of 2003 - Court found no case made out for transferring the pending criminal case. The trial court was directed to examine the petitioner and her witnesses for evidence recording, with costs imposed on the respondents for the petitioner's expenses. Held that proper police protection would be provided if threats were administered (Paras Not mentioned).
Issue of Consideration
Whether the transfer of the Criminal Miscellaneous Case No.1119/2002 should be granted.
Final Decision
The Supreme Court dismissed the transfer petition, finding no grounds for transfer. The trial court was directed to call the petitioner and her witnesses for evidence recording, with costs imposed on the respondents for the petitioner's expenses. Police protection was assured if threats were posed.
Law Points
- Transfer of cases
- Criminal procedure
- Witness protection
