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X v. STATE OF U.P.

Supreme Court of India | Diary 14506/2024

Status

Order

Decided On

2024-12-16

Bench

HON'BLE MR. JUSTICE PRASHANT KUMAR MISHRA, HON'BLE MR. JUSTICE DIPANKAR DATTA

Petitioner

X

Respondent

STATE OF U.P.

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Full Judgment Text

IN THE SUPREME COURT OF INDIA CRIMINAL ORIGINAL JURISDICTION

Transfer Petition (Criminal) No.399/2024

X Petitioner

VERSUS

STATE OF U.P. & ORS. Respondents

O R D E R

1. By filing this petition under Section 406 of the Code of Criminal

Procedure, 19731, the petitioner seeks transfer of Case No.2812

of 2021 titled “X vs. Vijay Singh Ors.” from the District Court at

Farrukhabad, Uttar Pradesh to the District and Sessions Court,

Patiala House Court Complex, New Delhi on the grounds urged

therein.

2. Parties are ad idem that the case has been committed to the

Sessions Court by the relevant Magistrate in terms of Section

209 of the Cr. PC.

3. Having heard learned counsel for the parties and perused the

materials on record, we are not satisfied that it would be

expedient in the interest of justice to grant the prayer for

1 Cr. PC

transfer.

4. The Sessions Court will proceed to frame charges whereafter

the prosecution may lead evidence to drive home the charges

framed against the accused. As and when the petitioner is cited

as a witness for the prosecution, she may depose. It shall be

ensured that she is not subjected to any duress or undue

influence by any of the accused.

5. The Sessions Court is encouraged to expedite the trial.

6. With the aforesaid observation, the transfer petition is

dismissed.

7. Pending application(s), if any, shall stand d...

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