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SUPREME COURT OF INDIA
J.K. MAHESHWARI, J.
Ketan Kantilal Seth – Appellant
Versus
State of Gujarat & Ors. – Respondents
Transfer Petition (Criminal) Nos. 333348 of 2021 With I.A. No. 134476 of 2021
Decided on : 09-09-2022
(A) Criminal Procedure Code, 1973 – Section 406 – Transfer of criminal cases – Intervention application filed by a third party should not ordinarily be allowed in criminal cases unless Court is satisfied that on the grounds on which person seeking intervention is directly or substantially related to the case and question of law which may affect him adversely or in opinion of Court, joining intervenor in the case is expedient in public interest – Applicant is neither a complainant in any of cases of which transfer is being sought, nor he has any direct involvement or ground of his joining in public interest – Intervenor has no locus to intervene in present petition. (Para 5)
(B) Criminal Procedure Code, 1973 – Section 406 – Transfer of criminal cases – 16 criminal cases pending against petitioner in four different States – Prosecution story in majority of cases revolves around one accused company which is alleged to have engaged in business of Stock, Securities, Brokering and Trading – Multiple FIRs were registered against petitioner and other accused persons in different States having similar set of allegations, which has led into multiple trials being pending before various Trial Courts in different States for adjudication – Most of accused persons in all FIRs and witnesses thereof are common – However, for the purpose of trial, all accused as well witnesses have to attend hearing dates before various Courts leading to delay and huge expenses – Most of transactions pertaining to alleged offence have taken place in Mumbai – Court can exercise power under Section 406 of Cr.P.C. for fair trial and to secure ends of justice – Almost 20 years have lapsed and primary reason for such delay is the multiplicity of proceedings alongwith practical difficulties for Trial Court to secure presence of witnesses as well as accused for concluding trial – To meet ends of justice and fair trial, transfer petitions allowed. (Paras 6, 9, 11 and 13)
Facts of the case:
Present transfer petitions have been filed by petitioner/accused for invoking the power under Section 406 of Code of Criminal Procedure, 1973, seeking transfer of 16 criminal cases pending against him in four different States to one Court in Mumbai, where 3 cases are already pending.
Findings of Court:
Criminal cases, as specified in para 1 (clause (i) to (xvi)) of this order shall be transferred from the courts, where those are pending, to the court of Principal Judge, Bombay City Civil and Sessions Court, Fort, Mumbai – 400032, Maharashtra; Principal Judge is at liberty to assign the cases to any of the Court situated in his jurisdiction to try all those cases. He is also at liberty to assign some of the cases to any other courts also, if necessary.
Result : Transfer Petitions allowed.
ORDER :
1. With the consent of the parties, these transfer petitions have been taken up for final hearing. The present petitions have been filed by petitioner/accused for invoking the power under Section 406 of Code of Criminal Procedure, 1973 (hereinafter referred to as ‘CrPC’), seeking transfer of 16 criminal cases pending against him in four different States to one Court in Mumbai, where 3 cases are already pending. Following are the cases of which transfer are being sought –
i. Criminal Case No. 101878/2003 arising out of FIR No. C.R. No. I-64/2002, dated 30.07.2002 registered at Police Station Udhana, Surat, Gujarat, pending before Additional Chief Judicial Magistrate, Surat;
ii. Criminal Case No. 9166/2002 arising out of FIR No. I.C.R. No. 274/2002, dated 02.07.2002 registered at Police Station Umra, Surat, Gujarat, pending before Additional Chief Judicial Magistrate, Surat;
iii. Criminal Case No. 174/2003 arising out of FIR No. C. R. No. I-226/2002, dated 30.08.2002 registered at Police Station Rander, Surat, Gujarat, pending before Additional Chief Judicial Magistrate, Surat;
iv. Criminal Case No. 100521/2003 arising out FIR No. 274/2002, dated 06.08.2002 registered at Police Station Varachha, Surat, Gujarat, pending before Additional Chief Judicial Magistrate/Judicial Magistrate First Class, Surat;
v. Criminal Case No. 2778/2004 arising out of FIR/M. Case No. 3/2002, dated 16.07.2002 registered at Police Station Gandevi, Navsari, Gujarat, pending before Additional Chief Judicial Magistrate, Gandevi;
vi. Criminal Case No. 6840/2002 arising out of FIR No. I-93/2002, dated 18.08.2002 registered at Police Station Navsai Town, Navsari, Gujarat, pending before Chief Judicial Magistrate, Navsari;
vii. Criminal Case No. 2121/2002 arising out of FIR No. I-119/2002, dated 10.06.2002 registered at Police Station Valsad City, Valsad, Gujarat, pending before Chief Judicial Magistrate, Valsad;
viii. Criminal Case No. 1578/2006 arising out of FIR/M. Case No. 29/2002, dated 13.06.2002 registered at Police Station Vidya Nagar, Anand, Gujarat, pending before Additional Chief Judicial Magistrate, Anand;
ix. Criminal Case No. 244/2002 arising out of FIR/M. Case No. 22/2002 (C.R. No. I-226/2002), dated 07.06.2002 registered at Police Station Morbi, Gujarat, pending before II Additional Chief Judicial Magistrate, Morbi;
x. Criminal Case No. 40449/2016 arising out of FIR No. 280/2002, dated 04.05.2002 registered at Police Station Connaught Place, New Delhi, pending before Additional Chief Metropolitan Magistrate, Patiala House Court, New Delhi;
xi. Criminal Case No. 2034203/2016 arising out of FIR No. 242/2002, dated 17.06.2002 registered at Police Station Sarojini Nagar, New Delhi, pending before Chief Metropolitan Magistrate, Saket Court, New Delhi;
xii. Criminal Case No. ____/2002 arising out of FIR No. 298/2002, dated 22.08.2002 registered at Police Station Jagatdal, 24 North Paraganas, West Bengal, pending before Barrackpore Court, Kolkata;
xiii. Criminal Case No. 147/2002 arising out of F.I.R. No. 97/2002, dated 25.04.2002 and C.R. No. 101/2002, dated 29.04.2002, both registered at Police Station Ganeshpeth, Nagpur, Maharashtra, pending before 155II Additional Chief Judicial Magistrate First Class, Nagpur;
xiv. Criminal Case No. 847/2002 arising out of F.I.R. at C.R. No. 75/2002, dated 15.05.2002 registered at Police Station City Kotwali, Amravati, Maharashtra, pending before Chief Judicial Magistrate, Amravati;
xv. Criminal Case No. 498/2002 arising out of F.I.R. at
C.R. No. 102/2002, dated 08.05.2002 registered at Police Station Pimpiri, Pune, Maharashtra, pending before Chief Judicial Magistrate, Pimpri, Pune;
xvi. Criminal Case No. 357/2002 arising out of F.I.R. at
C.R. No. 65/2002, dated 15.05.2002 registered at Police Station Vishrambaug, Pune, Maharashtra, pending before III Judicial Magistrate First Class, Shivaji Nagar, Pune.
In fact, the basic object to file these transfer petitions is to get all cases transferred at one place and may be dire
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