Case Note & Summary
The petitioner, Aravind S. Mangani, a retired Joint Commissioner of Excise, filed a petition under Section 407 of the Code of Criminal Procedure, 1973, seeking withdrawal of Special C.C. No. 466/2014 pending before the II Additional District and Sessions Judge, Tumakuru (Special Judge designated to try cases under the Prevention of Corruption Act, 1988), and transfer to the Court of the Principal District and Sessions Judge/Special Judge at Kalaburagi. The petitioner was earlier working as Deputy Commissioner (Excise) at Tumakuru. On 10.08.2011, the Superintendent of Police, Karnataka Lokayuktha, Tumakuru registered FIR in Crime No. 12/2011 for offences punishable under Sections 13(1)(e) read with 13(2) of the Prevention of Corruption Act, 1988. After investigation, a charge sheet was filed against the petitioner before the Special Judge at Tumakuru, and the case was registered as Spl. C.C. No. 466/2014, which was at the stage of hearing before charge. The petitioner, having attained superannuation, retired from service and now resides at Kalaburagi. He contended that it would be highly inconvenient for him to attend the trial at Tumakuru, which is about 400 kilometers away, and that the transfer would not cause any prejudice to the prosecution. The respondent-State of Karnataka opposed the petition. The Court, considering the facts and circumstances, held that the ends of justice would be better served by transferring the case to Kalaburagi, especially since the petitioner is a senior citizen and the case is at an initial stage. The petition was allowed, and the case was ordered to be transferred to the Court of the Principal District and Sessions Judge/Special Judge, Kalaburagi, for trial.
Headnote
A) Criminal Procedure Code - Transfer of Case - Section 407 Cr.P.C., 1973 - Convenience of Accused - The petitioner, a retired public servant, sought transfer of a corruption case from Tumakuru to Kalaburagi on the ground that he resides at Kalaburagi and it would be inconvenient to attend trial at Tumakuru. The Court allowed the transfer, holding that the ends of justice would be better served by transferring the case to the place of the petitioner's residence, especially since the petitioner is a senior citizen and the case is at the stage of hearing before charge. (Paras 1-4)
Issue of Consideration
Whether a criminal case under the Prevention of Corruption Act, 1988, pending at Tumakuru, should be transferred to Kalaburagi for trial on the ground of the petitioner's retirement and residence at Kalaburagi.
Final Decision
Petition allowed. Spl. C.C. No. 466/2014 pending on the file of II Addl. District and Sessions Judge, Tumakuru/Special Judge, designated to try cases under Prevention of Corruption Act, 1988, is withdrawn and transferred to the Court of Prl. District and Sessions Judge/Special Judge, designated to try cases under the Prevention of Corruption Act, 1988, at Kalaburagi, for trial.
Law Points
- Transfer of criminal case
- convenience of accused
- retired public servant
- Section 407 Cr.P.C.
- Prevention of Corruption Act
- 1988
