Case Note & Summary
The case involved a transfer petition filed by the petitioner, Shiv Raj Bhakhari, seeking the transfer of a complaint case alleging cheating, which was filed against him by the first respondent, Sona Bandhu, in the Court of Judicial Magistrate, First Class, Betia, District West Champaran, Bihar. The petitioner contended that he was a permanent resident of New Delhi and had never traveled to Bihar, asserting that the case was lodged against him falsely at the behest of the second respondent. The second respondent denied these allegations. The Supreme Court, presided over by Chief Justice K. G. Balakrishnan and Justice R. V. Raveendran, heard the arguments from the petitioner and the second respondent. The court decided to transfer the complaint case to the Court of Chief Judicial Magistrate in Delhi, without delving into the merits of the allegations made in the case. The Transfer Petition was allowed accordingly, facilitating the petitioner's request for a more convenient jurisdiction for the proceedings.
Headnote
A) Criminal Procedure - Transfer of Cases - Jurisdictional Issues - Transfer Petition (Crl.) - The petitioner sought transfer of a complaint case alleging cheating from Bihar to Delhi, claiming he is a permanent resident of New Delhi and has never visited Bihar. The court ordered the transfer without expressing any opinion on the merits of the case, emphasizing the need for jurisdictional convenience (Paras 2-3).
Issue of Consideration
Whether the complaint case alleging cheating should be transferred from Bihar to Delhi.
Final Decision
The Supreme Court allowed the transfer petition, ordering the complaint case to be transferred from the Court of Judicial Magistrate, First Class, Betia, District West Champaran, Bihar, to the Court of Chief Judicial Magistrate, Delhi.
Law Points
- Transfer of cases
- jurisdiction
- allegations of cheating
