Case Note & Summary
The applicant, Sanjay Babasaheb Deshmukh, was working as District Agriculture Officer at Nandurbar when a chargesheet was filed against him based on a trap laid under the Prevention of Corruption Act, 1988. Special Case No.21 of 2013 was pending before the Special Judge, Nandurbar. The applicant filed an application under Section 407 read with Section 482 of the Code of Criminal Procedure, 1973, seeking transfer of the case from Nandurbar to Nashik. The grounds for transfer were that the applicant had previously worked at Nandurbar and had developed enmity with local persons, leading to threats to his life and property. He also submitted that it would be inconvenient for him to attend court at Nandurbar due to the distance and safety concerns. The learned counsel for the applicant argued that the applicant's family resides in Nashik and that he had been suspended from service, making it difficult to travel to Nandurbar. The State, represented by the APP, did not oppose the transfer. The court, after hearing both sides, found that the transfer was justified to ensure the safety and convenience of the applicant and to avoid any prejudice. The court allowed the application and directed the transfer of Special Case No.21 of 2013 from the Special Judge, Nandurbar to the Special Judge, Nashik. The court also directed that the applicant shall appear before the transferee court on 16th June 2014.
Headnote
A) Criminal Procedure - Transfer of Case - Section 407 read with Section 482 Code of Criminal Procedure, 1973 - Transfer of Special Case under Prevention of Corruption Act, 1988 - Applicant sought transfer from Nandurbar to Nashik citing safety concerns and inconvenience as he was previously posted at Nandurbar and faced threats - Court allowed transfer to ensure fair trial and convenience of parties - Held that transfer is warranted to avoid prejudice and ensure safety (Paras 1-3).
Issue of Consideration
Whether the Special Case under the Prevention of Corruption Act, 1988 should be transferred from Nandurbar to Nashik on grounds of convenience and safety of the applicant.
Final Decision
The application is allowed. Special Case No.21 of 2013 pending before the Special Judge, Nandurbar is transferred to the Special Judge, Nashik. The applicant shall appear before the transferee court on 16th June 2014.
Law Points
- Transfer of criminal cases
- Section 407 CrPC
- convenience of parties
- safety concerns
- Prevention of Corruption Act
- 1988
