Case Note & Summary
The Supreme Court of India addressed two transfer petitions filed by S.M. Shoba under Section 406 of the Code of Criminal Procedure, 1973, seeking the transfer of criminal proceedings and a domestic violence case from Madurai, Tamil Nadu to Bangalore, Karnataka. The first petition concerned Criminal Case No. 631 of 2014, while the second involved a case under the Protection of Women from Domestic Violence Act, 2005. After hearing the arguments from both parties, the court determined that it would not be appropriate to record findings at that stage, as it could potentially impact the ongoing litigations. Ultimately, the court concluded that both transfer petitions lacked merit and dismissed them, thereby maintaining the status quo of the cases in Madurai. The decision was rendered by Justice Vikram Nath on June 15, 2022.
Headnote
A) Criminal Procedure - Transfer of Proceedings - Dismissal of Transfer Petitions - Code of Criminal Procedure, 1973, Section 406 - Petitioner sought transfer of criminal proceedings and domestic violence case from Madurai to Bangalore. Court found the petitions to be bereft of merit and dismissed them, indicating that it was not appropriate to deal with arguments at this stage as it may affect pending litigations. Held that the transfer was not justified (Paras 1-5).
Issue of Consideration
Whether the transfer of criminal proceedings and domestic violence case to another jurisdiction was warranted.
Final Decision
Both transfer petitions were dismissed by the Supreme Court, maintaining the original jurisdiction in Madurai.
Law Points
- Transfer of proceedings
- Code of Criminal Procedure
- 1973
- Protection of Women from Domestic Violence Act
- 2005
