REMO D SOUZA v. STATE OF UTTAR PRADESH

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO.4737 OF 2024 (Arising out of SLP(Crl.) No.15328/2024)

1. Leave granted.

2. In the instant case, the High Court of Judicature

at Allahabad vide impugned order dated 23.08.2024, has

turned down the appellant’s challenge to the summoning

order. We issued notice in this matter, keeping in view

the peculiar facts and circumstances of this case, and to

accord an alternative relief to the appellant.

3. During the course of hearing, we have impressed

upon learned counsel for the appellant as well as learned

counsel for respondent no.2 – complainant, that it will

be in the best interest of both the sides if the trial is

transferred from the Court at Ghaziabad to the Court of

Metropolitan Magistrate in Delhi. They have fairly agreed

to the proposal given by the Court.

4. Though learned State counsel seeks time to file a

reply, we see no reason to unnecessarily delay the

continuation of the trial proceedings.

5. Since we merely intend to transfer the trial from

Ghaziabad to Delhi, which are both geographically

proximate and well-connected, no serious prejudice will

be caused to the prosecution or its witnesses.

6. Consequently, the appeal is allowed in part to the

extent that the Case No.5406/2020 titled “S...