Case Note & Summary
The case involved a transfer petition filed by an 80-year-old widow, Mrs. Urvashi Govind Advani, seeking the transfer of a criminal case pending against her in Bangalore to Mumbai. The case, CC No. 11090/2003 (PCR No. 131 of 2002), was initiated by the respondent, Suresh Kumar Sharma, who alleged that the petitioner had entered into a fraudulent agreement to sell a shop for Rs. 55 lacs, of which Rs. 15 lacs was paid as an advance. The petitioner contended that due to her advanced age and health issues, specifically cancer, it would be challenging for her to travel to Bangalore for the proceedings. The court considered the arguments presented by both parties and acknowledged the petitioner's health condition and age as significant factors. Ultimately, the court decided to transfer the case to the Principal District and Sessions Judge at Bombay, who would assign it to an appropriate court for trial. The court refrained from commenting on the merits of the case to avoid any potential prejudice to either party.
Headnote
A) Criminal Procedure - Transfer of Cases - Grounds for Transfer - Code of Criminal Procedure, 1973, Section 406 - The petitioner, an elderly widow suffering from cancer, sought transfer of a criminal case to facilitate her defense due to health constraints. The court found it appropriate to transfer the case to ensure the petitioner could effectively participate in the proceedings without undue hardship. Held that the transfer was justified based on the petitioner's age and health (Paras Not mentioned).
Issue of Consideration
Whether the transfer of the criminal case from Bangalore to Mumbai is warranted due to the petitioner's age and health condition.
Final Decision
The Supreme Court transferred CC No. 11090/2003 from the IXth Addl. Chief Metropolitan Magistrate, Bangalore to the Principal District and Sessions Judge at Bombay for trial, considering the petitioner's age and health condition.
Law Points
- Transfer of cases
- fair trial
- health considerations
- jurisdiction issues
