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1978 Supreme(SC) 23

JASWANT SINGH, V.R.KRISHNA IYER
Ram Chander Singh Sagar – Appellant
Versus
State Of T. N. – Respondent


Advocates:
A.V.RANGAM, D.P.BHANDARI, N.S.DAS BEHL, V.P.Raman

JUDGMENT

V. R. KRISHNA IYER, J.:— The Cr. P. C. clothes this Court with power under S. 406 to transfer a case or appeal from one High Court or a court subordinate to one High Court to another High Court or to a court subordinate thereto. But it does not clothe this Court with the power to transfer investigations from one police station to another in the country simply because the first information or a remand report is forwarded to a court. The application before us stems from a misconception about the scope of S. 406. There is as yet no case pending before any court as has been made clear in the counter affidavit of the State of Tamil Nadu. In the light of this counter affidavit, nothing can be done except to dismiss this petition.

2. If the petitioners are being directed to appear in a far-off court during investigatory stage it is for them to move that court for appropriate orders so that they may not be tormented by long travel or otherwise teased by judicial process. If justice is denied there are other redresses, not under S. 406, though it is unfortunate that the petitioners have 476 not chosen to move that court to be absolved from appearance until necessitated by the circum


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