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M. NAGAPRASANNA
Pradosh S. Rao, S/o. Subbarao – Appellant
Versus
State of Karnataka Through Its Additional Chief Secretary (Home) and Secretary to Government (PCAS) Department of Home Rep. by State Public Prosecutor – Respondent
ORDER :
M. Nagaprasanna, J.
The petitioner / accused No.14 in Crime No.250 of 2024 registered for offences punishable under Sections 302 and 201 of the IPC is knocking at the doors of this Court calling in question an order dated 27-08-2024 passed by the XXIV Additional Chief Judicial Magistrate, Bengaluru, directing transfer of the petitioner, an under-trial prisoner, from Bangalore Central Prison to Belagavi.
2. Heard Sri B.J. Hitesh Gowda, learned counsel appearing for the petitioner and Sri B.A. Belliappa learned State Public Prosecutor appearing for the respondents.
3. The facts, in brief, germane are as follows:-
The petitioner, as observed above, is arraigned as accused No.14. A crime comes to be registered by the Kamakshipalya Police on 09-06-2024 against several accused, in which accused No.2 is Darshan. The petitioner was arrested the next day i.e., on 10-06-2024 and remanded to judicial custody along with others. The issue in the lis does not pertain to enlargement of the petitioner on bail or any other issue on its merit. The 3rd respondent submits a requisition to the learned Magistrate to transfer all the accused in Crime No.250 of 2024 to different prisons in the State of
Transfer of under-trial prisoners requires judicial reasoning and fair procedure; arbitrary transfers violate rights and must be quashed.
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Courts cannot interfere with transfer orders unless shown to be an outcome of malafide exercise or in violation of statutory provisions prohibiting such transfer.
(1) Intra-State prison transfer of prisoners – Sustainability – Transfer of convict prisoner from one prison to another is purely an administrative decision and same cannot be interfered with by cour....
Point of law: Public orders, publicly made, in exercise of a statutory authority cannot be construed in the light of explanations subsequently given by the officer making the order of what he meant, ....
Chief Judicial Magistrate lacks jurisdiction to transfer criminal cases; such authority exclusively belongs to the Sessions Judge under the Code of Criminal Procedure.
Transfer of a criminal trial cannot be a routinely passed order and substantial grounds, based on sufficient material, need to exist for passing such an order. The court emphasized the need for exped....
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