Case Note & Summary
The case involved a transfer petition filed under Section 406 of the Code of Criminal Procedure, 1973, by L.N. Agarwal seeking the transfer of three criminal cases from Karnataka to another state. The cases included FIR No. 157/2006 pending in the Court of the Principal Chief Judicial Magistrate, Bidar, and two other cases pending in the Judicial Magistrate's Court in Humnabad. The State of Karnataka did not file a counter affidavit despite being given time. After hearing the counsel for both parties and reviewing the petition, the Supreme Court deemed it appropriate to transfer the cases to Hyderabad, Andhra Pradesh. The court ordered the District Judge of Bidar to send the entire record of the cases to the District Judge in Hyderabad, who would assign them to a competent court for disposal. The transfer was granted to ensure fair proceedings.
Headnote
A) Criminal Procedure - Transfer of Cases - Jurisdictional Transfer - Section 406 Code of Criminal Procedure, 1973 - Transfer petitions were filed seeking the transfer of three cases from Karnataka to another state due to the absence of a counter affidavit from the State of Karnataka. The court found it appropriate to transfer the cases to Hyderabad, Andhra Pradesh, directing the District Judge, Bidar to transmit the records accordingly - Held that the transfer was necessary for the fair administration of justice (Paras Not mentioned).
Issue of Consideration
Whether the transfer of three criminal cases from Karnataka to another state is warranted.
Final Decision
The Supreme Court allowed the transfer petition, directing the transfer of three criminal cases from Karnataka to Hyderabad, Andhra Pradesh, and ordered the District Judge of Bidar to send the records to the District Judge in Hyderabad.
Law Points
- Transfer of cases
- Section 406 Cr.P.C.
