A woman has approached the Supreme Court seeking transfer of a rape case filed by her against the accused who is presently the Assistant Commissioner in the Drugs Control Department at Moradabad, Uttar Pradesh.
She contended that the accused Deepak Sharma is absconding himself from the criminal process and is trying to delay the criminal process against him. She further alleged that the accused is threatening all concerned including her lawyer.
The counsel also submitted that his petition under Section 482 CrPC before the High Court seeking to quash the criminal case against him was disposed of by the Allahabad High Court, earlier this year. His plea to quash was refused, but had directed him to appear and file a bail application before the Court. The counsel further submitted that the SLP filed by him against the High court order was dismissed by the Apex Court.
Taking note of these submissions, Justice Hrishikesh Roy issued notice and stayed the proceedings in the criminal Case pending before the Amroha court.
Know the Law
To seek a transfer of a criminal case from a court in one state to another court in another state, one has to file an application under Section 406 of the Code of Criminal Procedure. This provision empowers the Supreme Court to transfer a case, if it appears to it that a transfer order is expedient for the ends of justice. In Nahar Singh Yadav vs. Union Of India AIR 2011 SC 1549, the Supreme Court has examined the scope of this provision.
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