Case Note & Summary
The case involved a transfer petition filed by the petitioner, who claimed that the respondent, her mother's counsel, had developed inappropriate intentions towards her. The petitioner alleged that the respondent pressured her to break off her engagement and filed a defamation complaint against her in Mumbai, despite residing in Delhi. The petitioner sought to transfer the criminal proceedings to Delhi, arguing that the Mumbai court would impose undue hardship on her. The respondent countered that the petitioner had previously expressed a desire to marry him and that the transfer was unnecessary as she could seek exemption from personal appearance. During the hearing, the respondent also claimed that the petitioner was now married and residing in Punjab. The court, however, focused on the hardship the petitioner would face if required to travel to Mumbai for the proceedings. It concluded that the case should be transferred to Delhi for the convenience of the petitioner, allowing the transfer of the case from the Special Metropolitan Magistrate in Mumbai to the Chief Metropolitan Magistrate in Delhi.
Headnote
A) Criminal Procedure - Transfer of Proceedings - Hardship in Litigation - Code of Criminal Procedure, 1973, Section 406 - Petitioner faced considerable hardship in contesting the matter in Mumbai due to financial and logistical challenges. The court found merit in the petitioner's claims and directed the transfer of the case to Delhi for convenience (Paras 5-6).
Issue of Consideration
Whether the criminal proceedings should be transferred from Mumbai to Delhi due to hardship faced by the petitioner.
Final Decision
The Supreme Court allowed the transfer petition and directed the transfer of CC No.6/SS/2007 from the Court of the Special Metropolitan Magistrate, Mumbai to the Chief Metropolitan Magistrate, Delhi.
Law Points
- Transfer of criminal proceedings
- hardship in litigation
- jurisdictional convenience
