Back
2005 Supreme(SC) 965
SUPREME COURT OF INDIA
K.G. BALAKRISHNAN AND B.P. SINGH, JJ.
VENU MENON PETITIONER;
VERSUS
HATHWAYINVESTMENT (P) LTD.RESPONDENT.
TRANSFER PETITION (CRL.) NO. 99 OF 2004, DECIDED ON JULY 29,.2005
Headnote:
Criminal Procedure Code, 1973, Section 406 - Transfer of criminal complaint - Petitioner seeking transfer of complaint from New Delhi to appropriate court at Trivandrum - Contention that he was unemployed and staying at Trivandrum and it would be impossible for him to come to Delhi and defend the case -He also contented that he was having various agencies throughout India - In such circumstances complaint transferred to CJM, Trivandrum. [Para 2]
ORDER
1. HEARD BOTH SIDES.
2. THE PETITIONER HEREIN SEEKS TRANSFER OF CRIMINAL COMPLAINT NO. 32/01 OF 2003 ENTITLED HATHWAY INVESTMENT (P) LTD. V. VENU MENON PENDING BEFORE THE COURT OF THE ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, PATIALA HOUSE, NEW DELHI TO ANY OTHER APPROPRIATE COURT AT TRIVANDRUM. IT IS SUBMITTED BY THE PETITIONERS COUNSEL THAT THE PETITIONER IS NOW UNEMPLOYED AND STAYING AT TRIVANDRUM AND IT WOULD BE IMPOSSIBLE FOR HIM TO COME TO DELHI AND DEFEND THE CASE AND WE ARE TOLD THAT THE COMPLAINANT RESPONDENT IS HAVING VARIOUS AGENCIES THROUGHOUT INDIA. IN VIEW OF THE FACTS AND CIRCUMSTANCES OF THE CASE, CRIMINAL COMPLAINT NO. 32/01 OF 2003 ENTITLED HATHWAY INVESTMENT (P) LTD. V. VENU MENON PENDING BEFORE THE COURT OF THE ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, PATIALA HOUSE, NEW DELHI IS TRANSFERRED TO THE CHIEF, JUDICIAL MAGISTRATE AT TRIVANDRUM.
3. THE TRANSFER PETITION IS ALLOWED ACCORDINGLY.
