VISHWANATH GUPTA vs STATE OF UTTARANCHAL

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2006 Supreme(SC) 380

B.P. SINGH AND ALTAMAS KABIR, JJ.
VISHWANATH GUPTA AND ANOTHER — PETITIONERS
Versus
STATE OF UTTARANCHAL AND ANOTHER — RESPONDENT
And
RAJIV KUMAR GUPTA — PETITIONER
Versus
STATE OF UTTARANCHAL AND OTHERS — RESPONDENTS.
Transfer Petitions (Crl.) Nos. 254-55 of 2004 with No. 89 of 2005
Decided on : April 24, 2006

Important Points

The court denied the transfer of criminal cases after establishing that the petitioners could readily engage legal counsel within the state, clarifying that issues of territorial jurisdiction should be challenged in the appropriate forum.

Subject

Criminal Law - Transfer of Cases

Act Referred

CIVIL PROCEDURE CODE: S.25
CRIMINAL PROCEDURE CODE: S.406

Headnote

(A) Criminal Procedure - Transfer of Cases - Availability of legal counsel in the state where the trial is pending - Court found that petitioners would have no difficulty in engaging a counsel to defend themselves in the state - Transfer petitions dismissed. (Para 1)

Facts of the case:
Petitioners sought the transfer of criminal proceedings from a specific state. The court examined an affidavit from the district bar association regarding the feasibility of the petitioners securing legal representation within that state.

Findings of Court:
The court found that the petitioners would have no difficulty in engaging a counsel to defend themselves in the state.

Issues: Whether the criminal cases should be transferred based on the petitioners' ability to procure legal representation in the current jurisdiction.

Ratio Decidendi: When legal representation is available to the petitioners in the state where the trial is pending, there is no ground for transfer on that basis. Questions regarding territorial jurisdiction are not decided in transfer petitions and may be agitated before the appropriate forum.

Result: Transfer petitions dismissed.

Legal Category Hierarchy

ORDER

Having perused the affidavit filed on behalf of the District Bar Association, Nainital, Uttaranchal, we find that the petitioners will have no 9 difficulty in engaging a counsel to defend themselves in the State of Uttaranchal. We express no opinion on the question of territorial jurisdiction of the courts in the State of Uttaranchal and that question may be agitated by the petitioners before the appropriate forum. With this observation the transfer petitions are dismissed.