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SUPREME COURT OF INDIA
N. SANTOSH HEGDE, S.B. SINHA, JJ.
SUMAN GAMBHIR - APPELLANT
VERSUS
STATE OF RAJASTHAN AND OTHERS - RESPONDENTS
TRANSFER PETITION (CRL.) NO. 239 OF 2003,
DECIDED ON AUGUST 9, 2004
Civil Procedure Code 1908, Section 25 Transfer of case- Petitioner seeking transfer of Criminal case titled as State v. B.K. Malhotra pending in the Court of Additional Civil Judicial Magistrate, Navalgarh, Rajasthan to the Court of Chief Metropolitan Magistrate, Delhi- The complainant and the accused were permanent residents of Delhi - A civil suit between the parties was already pending at Delhi - the State also had no objection to transfer of the case- Accordingly the transfer petition allowed.[Para 1]
ORDER
1. HEARD LEARNED COUNSEL FOR THE PARTIES.
2. ADMITTED.
3. ON THE FACTS AND CIRCUMSTANCES OF THIS CASE MORE SO IN THE BACKGROUND OF THE FACT THAT THE COMPLAINANT AND THE ACCUSED ARE PERMANENT RESIDENTS OF DELHI AND A CIVIL SUIT BETWEEN THE PARTIES IS PENDING AT DELHI AS ALSO THE STATE HAS NO OBJECTION TO TRANSFER OF THE CASE, WE THINK IT APPROPRIATE THAT CRIMINAL CASE NO. 157 OF 1999 TITLED AS STATE V. B.K. MALHOTRA PENDING IN THE COURT OF ADDITIONAL CIVIL JUDICIAL MAGISTRATE, NAVALGARH, RAJASTHAN BE TRANSFERRED TO THE COURT OF CHIEF METROPOLITAN MAGISTRATE, DELHI AND ON RECEIPT OF THE PAPERS OF THE SAID CASE THE CMM, DELHI MAY TRY THE CASE HIMSELF OR ASSIGN IT FOR DISPOSAL IN ACCORDANCE WITH LAW TO A COURT OF COMPETENT JURISDICTION.
4. THE TRANSFER PETITION IS ALLOWED.
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