Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(SC) 527

SUPREME COURT OF INDIA
Vikram Nath, J.
S.M. Shoba – Petitioner(s)
Versus
The Inspector of Police & Ors. – Respondent(s)
Transfer Petition(s)(Criminal) No(s). 153 of 2021
With
S.M. Shoba – Petitioner(s)
Versus
Saravanan Babu & Ors. – Respondent(s) Transfer Petition(s)(Criminal) No(s). 161 of 2021
Decided on : 15-06-2022

Advocates appeared:
For the Petitioner(s):M. Yogesh Kanna, Rajarajan, Raghunatha Sethupathy B, Rajarajeshwaran, Priya R., K. Paari Vendhan, Advocates
For the Respondent(s):S.S.Ray, Rakhi Ray, Advocates

IMPORTANT POINT
It won’t be appropriate to deal with respective arguments and record findings at the stage of transfer of criminal proceedings.

Headnote:
Criminal Procedure Code, 1973 – Section 406 read with Order XXXIX Rule 1 of Supreme Court Rules, 2013 – Transfer of criminal proceedings – It won’t be appropriate at this stage to deal with respective arguments and record findings, as it may ultimately affect parties and their pending litigations – Transfer Petitions dismissed. (Paras 4 and 5)
Facts of the case:
Transfer Petition (Crl.)No.153 of 2021 is filed by the petitioner under Section 406 of the Code of Criminal Procedure, 1973 read with Order XXXIX Rule 1 of the Supreme Court Rules, 2013 seeking transfer of Criminal proceedings being C.C.No.631 of 2014, titled as Inspector of Police, All Women’s Police Station, Madurai South vs. Saravanan Babu & Ors., pending before the Additional Magistrate of the Mahila Court, Madurai, State of Tamil Nadu to the competent Judicial Magistrate Court at Bangalore, State of Karnataka.
Transfer Petition (Crl.)No.161 of 2021 is filed by the petitioner under Section 406 of the Code of Criminal Procedure, 1973 read with Order XXXIX Rule 1 of the Supreme Court Rules, 2013 seeking transfer of Crl.M.P.No.252 of 2014, titled as S.M.Shoba vs. Saravanan Babu & Ors., under Section 12 of the Protection of Women from Domestic Violence Act, 2005, pending before the Judicial Magistrate Court (Mahila Court), Madurai, State of Tamil Nadu to the competent Judicial Magistrate Court at Bangalore, State of Karnataka.
Findings of Court:
On an overall conspectus of facts and circumstances of the cases, the Transfer Petitions, being bereft of merit, are liable to be dismissed.
Result : Transfer Petitions dismissed.

ORDER

Vikram Nath, J.

Transfer Petition (Crl.)No. 153 of 2021 is filed by the petitioner under Section 406 of the Code of Criminal Procedure, 1973 read with Order XXXIX Rule 1 of the Supreme Court Rules, 2013 seeking transfer of Criminal proceedings being C.C.No. 631 of 2014, titled as the Inspector of Police, All Womens Police Station, Madurai South vs. Saravanan Babu & Ors., pending before the Additional Magistrate of the Mahila Court, Madurai, State of Tamil Nadu to the competent Judicial Magistrate Court at Bangalore, State of Karnataka.

2. Transfer Petition (Crl.)No. 161 of 2021 is filed by the petitioner under Section 406 of the Code of Criminal Procedure, 1973 read with Order XXXIX Rule 1 of the Supreme Court Rules, 2013 seeking transfer of Crl.M.P.No. 252 of 2014, titled as S.M. Shoba vs. Saravanan Babu & Ors., under Section 12 of the Protection of Women from Domestic Violence Act, 2005, pending before the Judicial Magistrate Court (Mahila Court), Madurai, State of Tamil Nadu to the competent Judicial Magistrate Court at Bangalore, State of Karnataka.

3. Heard the learned Counsel for parties at length.

4. In my opinion, it wont be appropriate at this stage to deal with respective arguments and record findings, as it may ultimately affect the parties and their pending litigations. However, on an overall conspectus of facts and circumstances of the cases, the Transfer Petitions, being bereft of merit, are liable to be dismissed.

5. Both the Transfer Petitions are accordingly dismissed.

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