Case Note & Summary
The petitioner, S.M. Shoba, filed two transfer petitions under Section 406 of the Code of Criminal Procedure, 1973 read with Order XXXIX Rule 1 of the Supreme Court Rules, 2013. Transfer Petition (Crl.) No. 153 of 2021 sought transfer of Criminal Case C.C. No. 631 of 2014, titled Inspector of Police, All Women's Police Station, Madurai South vs. Saravanan Babu & Ors., pending before the Additional Magistrate of the Mahila Court, Madurai, Tamil Nadu, to a competent Judicial Magistrate Court at Bangalore, Karnataka. Transfer Petition (Crl.) No. 161 of 2021 sought transfer of Crl. M.P. No. 252 of 2014, titled S.M. Shoba vs. Saravanan Babu & Ors., under Section 12 of the Protection of Women from Domestic Violence Act, 2005, pending before the Judicial Magistrate Court (Mahila Court), Madurai, to a competent Judicial Magistrate Court at Bangalore. The Supreme Court heard the counsel for both parties at length. The Court observed that it would not be appropriate to deal with the respective arguments and record findings at this stage, as it might ultimately affect the parties and their pending litigations. On an overall conspectus of facts and circumstances, the Court found the transfer petitions to be bereft of merit and dismissed both petitions. The judgment was delivered by Justice Vikram Nath on June 15, 2022, at New Delhi.
Headnote
A) Criminal Procedure - Transfer of Cases - Section 406 CrPC - Transfer Petition - The petitioner sought transfer of criminal complaint and domestic violence proceedings from Madurai to Bangalore - The Supreme Court held that on overall conspectus of facts and circumstances, the transfer petitions were bereft of merit and dismissed them without recording detailed findings to avoid affecting pending litigations (Paras 4-5).
Issue of Consideration
Whether the criminal proceedings and domestic violence proceedings pending in Madurai should be transferred to Bangalore on the ground of convenience or any other valid reason.
Final Decision
Both Transfer Petitions (Crl.) No. 153/2021 and No. 161/2021 are dismissed as being bereft of merit.
Law Points
- Transfer petition under Section 406 CrPC
- Transfer of criminal proceedings
- Transfer of domestic violence proceedings
- Section 12 Protection of Women from Domestic Violence Act
- 2005
- Order XXXIX Rule 1 Supreme Court Rules
- 2013
- Merits of transfer petition
