AI Overview...
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Section 184 of the Criminal Procedure Code (Cr.P.C.) - Primarily pertains to the jurisdiction of courts to try cases. Many sources indicate that petitions seeking transfer of cases under Section 184 Cr.P.C. are often dismissed if jurisdictional requirements are not met or if territorial jurisdiction is lacking KAUSHIK CHATTERJEE VS STATE OF HARYANA - Supreme Court, Gian Chand vs State of Himachal Pradesh - Himachal Pradesh, Advantage India VS Directorate of Enforcement - Delhi.
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Transfer Petitions - Courts generally dismiss transfer petitions when the petitioner fails to establish proper territorial or legal jurisdiction, or if the transfer is not justified under the law. For example, transfer petitions seeking to move cases from Gurugram to Delhi or from Uttar Pradesh to other states have been dismissed on jurisdictional grounds KAUSHIK CHATTERJEE VS STATE OF HARYANA - Supreme Court, Gian Chand vs State of Himachal Pradesh - Himachal Pradesh.
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Jurisdictional and Procedural Grounds - Transfer under Section 184 Cr.P.C. requires the court to have territorial jurisdiction over the case. Courts emphasize that unless jurisdiction is established, transfer petitions are liable to be dismissed KAUSHIK CHATTERJEE VS STATE OF HARYANA - Supreme Court, Gian Chand vs State of Himachal Pradesh - Himachal Pradesh.
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High Court and Supreme Court Power - The Supreme Court and High Courts possess wide powers to transfer cases, including civil and criminal, under Articles 32, 136, and 142 of the Constitution, but such powers are exercised within the scope of jurisdiction and legal provisions, often requiring proper grounds such as lack of fair investigation or jurisdictional issues Anita Kushwaha VS Pushap Sudan - Supreme Court, ALKA RAI VS UNION OF INDIA - Allahabad.
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Special Cases and Exceptions - In some instances, courts have allowed transfers or quashed proceedings under Section 482 Cr.P.C. when circumstances justify such intervention, such as in cases of abuse of process or lack of jurisdiction State Bank of India VS State of Meghalaya - Meghalaya.
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Procedural Aspects - The procedures for granting pardons, handling connected offences, or transferring cases are governed by specific sections like 306 Cr.P.C. and related procedural rules, but these are distinct from transfer petitions under Section 184 Vinay Rajashekharappa Kulkarni, S/o. Late Rajashekharappa Kulkarni VS Central Bureau Of Investigation, Anti-Corruption Branch, Bengaluru - Karnataka.
Analysis and Conclusion:
Section 184 Cr.P.C. deals with the territorial jurisdiction of courts to try criminal cases. Transfer petitions under this section are generally dismissed if jurisdiction is lacking or improperly established. Courts require clear legal and territorial grounds for transfer, and their power to do so is constrained by procedural and jurisdictional limits. While the Supreme Court and High Courts have broad authority under constitutional provisions to transfer cases, such powers are exercised judiciously, often requiring substantive reasons like jurisdictional lapses or concerns over fair trial conditions. Overall, transfer petitions under Section 184 Cr.P.C. are scrutinized strictly for jurisdictional validity, and petitions are frequently dismissed if these criteria are not met KAUSHIK CHATTERJEE VS STATE OF HARYANA - Supreme Court, Gian Chand vs State of Himachal Pradesh - Himachal Pradesh, Advantage India VS Directorate of Enforcement - Delhi.
References:
- KAUSHIK CHATTERJEE VS STATE OF HARYANA - Supreme Court
- Surinder Kaur Alias Namrata VS State Of Punjab - Punjab and Haryana
- Gian Chand vs State of Himachal Pradesh - Himachal Pradesh
- Advantage India VS Directorate of Enforcement - Delhi
- State Bank of India VS State of Meghalaya - Meghalaya
- S.PRIYA vs THIYAGARAJAN - Madras
- Vinay Rajashekharappa Kulkarni, S/o. Late Rajashekharappa Kulkarni VS Central Bureau Of Investigation, Anti-Corruption Branch, Bengaluru - Karnataka
- Anita Kushwaha VS Pushap Sudan - Supreme Court
- ALKA RAI VS UNION OF INDIA - Allahabad
Search Results for "Criminal Procedure Code s 184 Transfer Petition"
2020 8 Supreme 269 • India - Supreme Court
V.RAMASUBRAMANIAN
184 read with Section 26 – Transfer petition – Lack of territorial jurisdiction – ... Result : Transfer Petitions dismissed. ... (A) Criminal Procedure Code, 1973 – Section 26 – Transfer of ... Seeking transfer of three criminal cases, all pending on the file of the Court of the Additional Judicial Magistrate, Gurugram, Haryana, to any competent Court in New Delhi, a person who is implicated as one of the accused in those three ca....
1997 0 Supreme(P&H) 1211 • India - Punjab and Haryana
S.C.MALTE
TO ONE ANOTHER - SAME TRANSACTION - STRIDHAN ARTICLES - RETURN OF DOWRY ARTICLES - LOCUS STANDI - REVISION PETITION - TRANSFER OF ... CRIMINAL PROCEDURE CODE - SECTION 184 - SECTION 406 - SECTION 498-A - JURISDICTION - OFFENCES TRIED TOGETHER - OFFENCES CONNECTED ... Whether the petitioner had locus standi to file the revision petition? 4. ... The reply in that respect can be found under Section 184 Cr.P.C. ... In view of that, I propose to transfer ....
2025 0 Supreme(HP) 172 • India - IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA
G.S. Sandhawalia, CJ, Ranjan Sharma, J
(Paras 30, 42) ... ... Result: Petition dismissed. ... jurisdiction for remand lay with the Special Court at Ghaziabad due to predicate offences committed in Uttar Pradesh, thus dismissing the petition ... State of Haryana and others, (2020) 10 SCC 92, the prayer was to seek transfer of three criminal cases pending on the files of Court of Additional Judicial Magistrate, Gurugram to a competent Court at New Delhi. ... proceedings and accordingly while placing reliance on Sections 177 to 184 of the e....
2023 0 Supreme(Del) 3969 • India - Delhi
SURESH KUMAR KAIT, NEENA BANSAL KRISHNA
The court dismissed the petition, stating that nothing survives in the present petition. ... Final Decision: The petition was dismissed by the court. ... Prevention of Money Laundering Act - Jurisdiction - Section 44(1)(c) - Section 44(3)(c) - Section 177 to 184 of the Cr.P.C. ... Antulay 573 was whether the High Court was competent to transfer the criminal trial pending before the Special Court dealing with the offence of PC Act, to itself by invoking powers under ....
• India - Meghalaya
MOHAMMAD YAQOOB MIR
Fact of the Case: The petitioner filed a petition under Section 482 Cr.P.C. to quash a case registered under Section ... Final Decision: The court allowed the petition and quashed the proceedings initiated by the learned Magistrate and the registration ... Section 482 Cr.P.C. - Quashing of Case - Section 500 IPC - Section 156 (3) Cr.P.C. - Section 199 of the Cr.P.C. ... Union of India (UOI) & Ors. passed in Writ Petition (Criminal) Nos. ....
2023 Supreme(Online)(MAD) 3543 • India - High Court of Madras
Hon`ble Mr Justice G. CHANDRASEKHARAN
Accordingly, these Criminal Original petitions are dismissed with the above direction. Consequently, connected miscellaneous petition is closed. ... Original Petitions have been filed to withdraw the C.C.Nos.184 & 185 of 2022 on the file of the learned Judicial Magistrate Court II at Kancheepuram and transfer to Judicial Magistrate Court at Thiruvottriyur. ... The reasons according to the learned counsel for the petitioner for transfer of C.C.Nos.184....
2024 0 Supreme(Kar) 620 • India - Karnataka
M. NAGAPRASANNA
(Paras 20-26) ... ... (B) Pardon Procedure - The court emphasized that the procedure for granting ... (A) Code of Criminal Procedure, 1973 - Section 306 - Grant of pardon to accused as approver - The order granting pardon to accused ... case: ... The case involves multiple accused in a murder trial, with the first accused seeking pardon under Section 306 of the Cr.P.C ... Petitioner in Criminal Petition No.12176 of 2024 is accused No.15; petitioners in Criminal #HL....
2016 5 Supreme 665 • India - Supreme Court
T. S. THAKUR, FAKKIR MOHAMED IBRAHIM KALIFULLA, A. K. SIKRI, S. A. BOBDE, R. BANUMATHI
Petitions to a Constitution Bench to examine whether this Court has the power to transfer a civil or criminal case pending in any ... Out of thirteen Transfer Petitions, eleven seek transfer of civil cases from or to the State of Jammu and Kashmir while the remaining ... two seek transfer of criminal cases from the State to Courts outside that State. ... The provisions of Articles 32, 136 and 142 are, therefore, wide enough to empower this Court to d....
2006 0 Supreme(All) 1574 • India - Allahabad
AMITAVA LALA, SHIV SHANKER
, High Court does not interfere in writ petition relating to prayer for transfer of investigation from State police to some other ... and circumstances show that there is no chance of fair investigation by State police, High Court has unfettered power to direct transfer ... —Jurisdiction of High Court in writ petition for giving direction for such entrustment—Ambit and law relating to—Elaborated and clarified—Normally ... In the earlier writ petition the stage was not prepared for the purpose of passing....
1951 0 Supreme(P&H) 128 • India - Punjab and Haryana
HARNAM SINGH
Procedure, and the accused's petition was dismissed. ... Final Decision: The petition failed and was dismissed. ... Criminal P. ... In the result the petition fails and is dismissed. ... Now, the procedure that is to be followed by the Magistrates in warrant cases is given in Chap. 20, Criminal P. C. ... No such provision is to be found in the Code of Crimi-nal Procedure. ... 8. ... C., and Article 227, Constitution of India, for the tr....
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