Supreme Court Allows Withdrawal of Transfer Petitions in Criminal Original Jurisdiction Based on Petitioner's Application. Transfer Petitions Dismissed as Withdrawn Following Affidavit-Supported Request Under Code of Criminal Procedure, 1973.

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Case Note & Summary

The case involved a criminal original jurisdiction matter before the Supreme Court of India, concerning transfer petitions. The petitioner, Preeti Alok Singh, filed an application (I.A. No. 129098/2021) seeking withdrawal of Transfer Petitions (Criminal) Nos. 65-66 of 2021, with the application supported by an affidavit detailing the facts. The court considered the application and, based on the petitioner's request and the affidavit, allowed the withdrawal. Consequently, the transfer petitions were dismissed as withdrawn. The legal issue centered on the permissibility of withdrawing transfer petitions, with the court granting the application without delving into substantive merits, thereby concluding the proceedings. The decision was straightforward, relying on the petitioner's voluntary action and procedural compliance.

Headnote

A) Criminal Procedure - Transfer Petitions - Withdrawal and Dismissal - Code of Criminal Procedure, 1973 - Petitioner filed an application seeking withdrawal of transfer petitions, supported by an affidavit - Court allowed the application and dismissed the transfer petitions as withdrawn based on the petitioner's request (Paras 1-2).

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Issue of Consideration

Whether the application for withdrawal of transfer petitions should be allowed

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Final Decision

I.A. No. 129098 of 2021 is allowed and the Transfer Petitions stand dismissed as withdrawn

Law Points

  • Withdrawal of transfer petitions
  • dismissal as withdrawn
  • affidavit support
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Case Details

2021 LawText (SC) (11) 80

I.A. No. 129098/2021 IN TRANSFER PETITION (CRIMINAL) NO.65-66 OF 2021

2021-11-18

Vikram Nath

Preeti Alok Singh

Alok Anil Singh & Ors.

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Nature of Litigation

Criminal original jurisdiction transfer petitions

Remedy Sought

Petitioner seeking withdrawal of transfer petitions

Filing Reason

Application for withdrawal supported by affidavit

Issues

Whether the application for withdrawal of transfer petitions should be allowed

Submissions/Arguments

Petitioner filed application seeking withdrawal with affidavit support

Ratio Decidendi

Transfer petitions can be dismissed as withdrawn upon petitioner's application supported by affidavit

Judgment Excerpts

I.A. No. 129098 of 2021 is an application seeking withdrawal of the above-mentioned Transfer Petitions, supported by an affidavit of the petitioner for the facts stated in the application. Accordingly, I.A. No. 129098 of 2021 is allowed and the Transfer Petitions stand dismissed as withdrawn.

Procedural History

Petitioner filed I.A. No. 129098/2021 seeking withdrawal of Transfer Petitions (Criminal) Nos. 65-66 of 2021; court allowed application and dismissed transfer petitions as withdrawn

Acts & Sections

  • Code of Criminal Procedure, 1973:
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Related Judgement
Supreme Court Supreme Court Allows Withdrawal of Transfer Petitions in Criminal Original Jurisdiction Based on Petitioner's Application. Transfer Petitions Dismissed as Withdrawn Following Affidavit-Supported Request Under Code of Criminal Procedure, 1973.
Related Judgement
Supreme Court Supreme Court Allows Withdrawal of Transfer Petition and Dismisses Case. The court permitted withdrawal of the transfer petition through an interlocutory application and dismissed the petition as withdrawn based on counsel's instructions.