Transfer Of Criminal Case From One State To Another Implicitly Reflect On Credibility Of State Judiciary & Prosecution Agency : Supreme Court

The Supreme Court has observed that transfer of trial from one case to another state has to be ordered only in exceptional circumstances, as it might result in an adverse reflection upon the credibility of the State judiciary and prosecution agency.

A bench comprising Justices Hrishikesh Roy and CT Ravikumar made this observation while dismissing a plea to transfer the trial in a case relating to suicidal death of a woman in her matrimonial home. The complainants, the woman's parents who filed the case against the husband and his family, sought the transfer of trial was sought from Ratlam (MP) to Faizabad (UP). Seeking transfer of trail, it was stated that the complainants are residents of Faizabad and they faced intimidation from the respondents when they visited Ratlam court.

Opposing the transfer plea, the respondents contended that the proceedings in Ratlam court on the concerned date were conducted in a virtual mode.

"The mere fact that few witnesses in the case reside at Faizabad should not by itself warrant transfer of the criminal case from one jurisdiction to another and concern should only be to ensure fair justice in a case", the bench observed.

The bench also referred to the decision Umesh Kumar Sharma vs. State of Uttarakhand in which it was observed that the power of transfer under Section 406 of the Code of Criminal Procedure should be excercised very "sparingly".  The transfer plea "should not be entertained on mere apprehension of a hyper sensitive person", the bench had observed in that case.

"It is also important to bear in mind that transfer of a criminal case from one State to another implicitly reflect upon the credibility of not only the State judiciary but also of the prosecution agency", the bench observed while dismissing the transfer petition as devoid of merits.

Case Title : Neelam Pandey vs Rahul Shukla

Citation : 2023 LiveLaw (SC) 141

For Petitioner(s) Mr. Vishwajit Singh, Sr. Adv. Ms. Veera Kaul Singh, AOR Mr. Pankaj Singh, Adv. Mr. Vignesh Singh, Adv. Mrs. Rashi Bajpayee, Adv. Mrs. Ananya Singh, Adv.

For Respondent(s) Mr. Santosh Kumar, Adv. Mr. Rajiv Ranjan Mishra, Adv. Ms. Suruchi Yadav, Adv. Mr. Yadav Narender Singh, AOR

Code of Criminal Procedure - Section 406- Transfer of case from one state to another must be ordered sparingly-followed Umesh Kumar Sharma vs. State of Uttarakhand 2020 (11) SCALE 562- It is also important to bear in mind that transfer of a criminal case from one State to another implicitly reflect upon the credibility of not only the State judiciary but also of the prosecution agency

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