LexSWAATI NIRKHI & ORS. versus STATE (NCT OF DELHI) & ORS.
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
[2021] 2 S.C.R. 905 905 SWAATI NIRKHI & ORS. v. STATE (NCT OF DELHI) & ORS. (Transfer Petition (Crl.) No. 262 of 2018) MARCH 09, 2021 [ASHOK BHUSHAN AND INDU MALHOTRA, JJ.] Code of Criminal Procedure, 1973 – ss.406, 177 – Trial pending in Delhi – Transfer petition seeking transfer to Prayagraj, U.P. – Allowed ex-parte – Complainant filed application for recall thereof – Dismissed – Review Petition – Allowed, ex-parte order recalled – Complainant impleaded as respondent no.4 in the transfer petition – De-novo hearing – Held: In a criminal case, the place of inquiry and trial has to be by the Court within whose local jurisdiction, the crime was allegedly committed as provided by s.177 – In the present case, cause of action as per the averments in the FIR are alleged to have arisen in New Delhi, where the matrimonial home of the Petitioner is situated – A criminal case ought to be inquired and tried ordinarily where the cause of action has accrued – Further, most of the prosecution witnesses are situated in Delhi – 12 official witnesses are serving in New Delhi – If the transfer petition is allowed, they would be required to travel from New Delhi to Prayagraj causing hinderance in performing their official duties – Transfer petition dismissed – Penal Code, 1860 – s.389 r/w s.34. Dismissing the transfer petition, the Court Held: 1.1 In a criminal case, the place of inquiry and trial has to be by the Court within whose local jurisdiction, the crime was allegedly committed as provided by Section 177 of Cr.P.C. The cause of action as per the averments in the FIR are alleged to have arisen in New Delhi, where the matrimonial home of the Petitioner is situated. A criminal case ought to be inquired and tried ordinarily where the cause of action has accrued. In the present case, most of the prosecution witnesses are situated in Delhi. 12 official witnesses are serving in New Delhi. If the Transfer Petition is allowed, they would be required to travel from New Delhi to Allahabad (Prayagraj), which would cause A B C D E F G H 906 SUPREME COURT REPORTS [2021] 2 S.C.R. hinderance in performing their official duties. The Transfer Petition is dismissed. The proceedings arising out of FIR No. 39 of 2016 which were transferred to the Court of Metropolitan Magistrate at Allahabad (Prayagraj), Uttar Pradesh are directed to be transferred back to the Court of Metropolitan Magistrate 461 North West, Rohini Courts, New Delhi. [Paras 14-16, 19] [911-A, B-C; 913-B-C; 914-C-D] Ramesh v. State of T.N. (2005) 3 SCC 507 : [2005] 2 SCR 493; Manish Ratan v. State of M.P (2007)1 SCC 262: [2006] 8 Suppl. SCR 226; Bhura Ram v. State of Rajasthan (2008) 11 SCC 103; Rajiv Modi v. Sanjay Jain (2009) 13 SCC 241 : [2009] 11 SCR 34; Sunita Kumari Kashyap v. State of Bihar (2011) 11 SCC 301; Amarendu Jyoti vs. State of Chattisgarh (2014) 12 SCC 362 : [2014] 13 SCR 1079; Babita Lila and Ors. vs. Union of India (UOI) (2016) 9 SCC 647 : [2016] 7 SCR 604; Rupali Devi vs. State of Uttar Pradesh and Ors. (2019) 5 SCC 384 : [2019] 6 SCR 577 ; Rhea Chakraborty vs. State of Bihar and Ors. 2020 SCC OnLine SC 654; Abraham Ajith v. Inspector of Police (2004) 8 SCC 100 : [2004] 3 Suppl. SCR 604 ; Harita Sunil Parab v. State (NCT of Delhi) (2018) 6 SCC 358 : [2018] 3 SCR 732 – relied on. Case Law Reference [2005] 2 SCR 493 relied on Para 15 [2006] 8 Suppl. SCR 226 relied on Para 15 (2008) 11 SCC 103 relied on Para 15 [2009] 11 SCR 34 relied on Para 15 (2011) 11 SCC 301 relied on Para 15 [2014] 13 SCR 1079 relied on Para 15 [2016] 7 SCR 604 relied on Para 15 [2019] 6 SCR 577 relied on Para 15 [2004] 3 Suppl. SCR 604 relied on Para 15 [2018] 3 SCR 732 relied on Para 15 A B C D E F G H 907 CRIMINAL ORIGINAL JURISDICTION: Transfer Petition (Crl.) No. 262 of 2018. Petitions Filed Under Section 406 of Cr.P.C. for Transfer of Criminal Case No. 0003483 of 2017 arising out of FIR No. 39 of 2016 dated 07.01.2016. Rahul Shyam Bhandari, Adv. for the Petitioners Kaustubh Shukla, Adv. for the respondents. Respondent-in-person The Judgment of the Court was delivered by INDU MALHOTRA, J. 1. The present Transfer Petition has been filed by the Petitioner under Section 406 Cr.P.C. seeking transfer of Criminal Case No. 3483 of 2017 titled as State v. Swaati Nirkhi & Ors. (arising out of FIR No. 39/2016) from the Court of Metropolitan Magistrate 461 North West, Rohini Courts, New Delhi to the Court of Metropolitan Magistrate at Allahabad (Prayagraj), Uttar Pradesh. 2. The Respond
Excerpt shown. Read the full judgment & AI analysis in Lexace.