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ARADHANA BANGA . v. RAJESH KUMAR

Supreme Court of India | Diary 1029/2011

Status

ROP - of Main Case

Decided On

01-08-2011

Bench

Petitioner

ARADHANA BANGA .

Respondent

RAJESH KUMAR

casestatus.in Summary

Under Section 406 of the Code of Criminal Procedure, the Supreme Court has inherent power to transfer criminal cases from one State court to another in the interest of justice, directing the receiving court to either decide the matter itself or assign it to a court of competent jurisdiction. As analyzed on casestatus.in, this power ensures fair trial rights are protected irrespective of territorial convenience to one party.

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Full Judgment Text

\216ITEM NO.51 COURT NO.8 SECTION XVIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS TRANSFER PETITION (CRL.) NO. 46 OF 2011ARADHANA BANGA & ANR. Petitioner(s) VERSUSRAJESH KUMAR Respondent(s)(With appln. for permission to file rejoinder affidavit and officereport)Date: 01/08/2011 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE P. SATHASIVAM HON'BLE DR. JUSTICE B.S. CHAUHANFor Petitioner(s) Mr. HVP Sharma, Adv. Mr. Sharad Kumar Vaish, Adv. Mr. K.S. Rana,Adv.For Respondent(s) Mr. Arun Kumar Beriwal,Adv. Mr.Mobin Akhtar, Adv. UPON hearing counsel the Court made the following O R D E R The transfer petition is allowed. [ Usha Bhardwaj ] [ Savita Sainani ] Court Master Court Master Signed order is placed on the file. IN THE SUPREME COURT OF INDIA CRIMINAL ORIGINAL JURISDICTION TRANSFER PETITION (CRL) NO. 46 OF 2011Aradhana Banga & Anr. ...Petitioners VersusRajesh Kumar ...Respondent O R D E R Heard learned counsel for the parties. We have gone through the grievance expressed by thepetitioner and we accept the same. Therefore, the Casebearing C.R. No.1756 of 2010 titled as "Rajesh Kumar vs.Sudhakshi Banga & Anr." pending before the Court ofJudicial Magistrate, 1st Class, Samastipur, Bihar isordered to be transferred to the Court of District Judge,Saket, New Delhi.

The District Judge is either to decide himself ortransfer it to competent Court having jurisdiction. The transfer petition is allowed accordingly. ...................J. (P. SATHASIVAM) ...................J. (Dr. B.S. CHAUHAN)New Delhi,August 01, 2011.

ÆITEM NO.65 REGISTRAR COURT.1 SECTION XVIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR S.G. SHAHTRANSFER PETITION (CRL.) NO(s). 46 OF 2011ARADHANA BANGA & ANR. Petitioner(s) VERSUSRAJESH KUMAR Respondent(s)(With office report)Date: 04/07/2011 This Petition was called on for hearing today.For Petitioner(s) Mr. Harshvir Pratap Sharma, Adv. Mr. K.S. Rana,Adv.For Respondent(s) Mr. Arun Kumar Beriwal,Adv. UPON hearing counsel the Court made the following O R D E R Nobody is present for the respondent. No request for filing counter affidavit. List before the Hon'ble Court, as per rules. (S.G. SHAH) REGISTRARrd

hITEM NO.84 REGISTRAR COURT.1 SECTION XVIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR M.K. HANJURATRANSFER PETITION (CRL.) NO(s). 46 OF 2011ARADHANA BANGA & ANR. Petitioner(s) VERSUSRAJESH KUMAR Respondent(s)(With office report)Date: 14/03/2011 This Petition was called on for hearing today.For Petitioner(s) Mr. Harsnvir Pratap Sharma, Adv. Mr. Sharad Kumar, Adv. Mr. K.S. Rana,Adv.For Respondent(s) UPON hearing counsel the Court made the following O R D E R Learned counsel for the petitioners is present. Learned counsel for the petitioners is directed totake fresh steps for confirming service of the solerespondent through Process Serving Agency of District Court.Samasthipur. List again on 27.4.2011. (M.K.HANJURA) REGISTRARrd

hITEM NO.84 REGISTRAR COURT.1 SECTION XVIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR M.K. HANJURATRANSFER PETITION (CRL.) NO(s). 46 OF 2011ARADHANA BANGA & ANR. Petitioner(s) VERSUSRAJESH KUMAR Respondent(s)(With office report)Date: 14/03/2011 This Petition was called on for hearing today.For Petitioner(s) Mr. Harsnvir Pratap Sharma, Adv. Mr. Sharad Kumar, Adv. Mr. K.S. Rana,Adv.For Respondent(s) UPON hearing counsel the Court made the following O R D E R Learned counsel for the petitioners is present. Learned counsel for the petitioners is directed totake fresh steps for confirming service of the solerespondent through Process Serving Agency of District Court.Samasthipur. List again on 27.4.2011. (M.K.HANJURA) REGISTRARrd

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