Fault Of Subordinate Court Staffs, Delay In Complying An Order, Not Reasons To Transfer A Case: Supreme Court

The Supreme Court observed that any fault or shortcoming on the part of the staff of the Subordinate Court or any delay in compliance by the Court are not by itself a reason to transfer a case.

In this case, the Allahabad High Court transferred a criminal case from the Court of Additional Sessions Judge First, Aligarh to the corresponding Court at Mathura. This was because the High Court felt dissatisfied with the conduct of the staff of the Subordinate Court in not taking on record an order passed by it. Transfer petitions were filed by some accused persons who contended that   the discharge application moved by some of the accused persons was not being decided and they were asked to appear before the Court at Aligarh on every date. The High Court even asked the Trial Judge to appear in-person and submit apology.

While considering the appeal filed against this order, the bench comprising Justices Dinesh Maheshwari and Aniruddha Bose observed: 

"In the totality of circumstances of the case, we do not wish to make any comments on the nature of proceedings this matter has undergone but, we are clearly of the view that because of any fault or shortcoming on the part of the staff of the Subordinate Court and for that matter, any delay in compliance by the Court were hardly the reasons for the High Court to immediately adopt the course of transferring the matter and that too, to a different station."

The court therefore set aside the High Court order and restored the case on the file of Aligarh court.

Case details

Nazma Naz vs Rukhsana Bano | 2022 LiveLaw (SC) 532 | CrA 820 OF 2022 | 17 May 2022

Coram : Justices Dinesh Maheshwari and Aniruddha Bose

Headnotes

Code of Criminal Procedure, 1973 ; Section 407 - Fault or shortcoming on the part of the staff of the Subordinate Court and for that matter, any delay in compliance by the Court were hardly the reasons for the High Court to immediately adopt the course of transferring the matter. 

Click Here To Read/Download Order