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Mere Apprehension Of Threat Of life Without Substantiating It Not Sufficient Ground To Transfer A Criminal Case U/Sec 406 CrPC: Supreme Court

LIVELAW NEWS NETWORK
2 Nov 2021 7:09 AM GMT
Mere Apprehension Of Threat Of life Without Substantiating It Not Sufficient Ground To Transfer A Criminal Case U/Sec 406 CrPC: Supreme Court
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The Supreme Court observed that mere apprehension of threat of life is not a sufficient ground to transfer a case, without lodging a complaint or substantiating the said ground.In this case, the petition sought transfer of Complaint filed under Sections 420 and 506 of the Indian Penal Code pending in the Court of Chief Judicial Magistrate, Jammu to Tis Hazari Courts, Delhi.One of the...

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The Supreme Court observed that mere apprehension of threat of life is not a sufficient ground to transfer a case, without lodging a complaint or substantiating the said ground.

In this case, the petition sought transfer of Complaint filed under Sections 420 and 506 of the Indian Penal Code pending in the Court of Chief Judicial Magistrate, Jammu to Tis Hazari Courts, Delhi.

One of the grounds raised in the petition was that there is an apprehension of threat of life.

"No complaint has been lodged by the petitioner to the authorities concerned or before any Court. Mere apprehension of threat of life is not a sufficient ground to transfer a case, without lodging a complaint or substantiating the said ground.", the court noted.

The petitioner also relied on the decision in "Puneet Dalmia vs. Central Bureau of Investigation, Hyderabad" 2020 12 SCC 695, to seek exemption from personal appearance.

"Considering the facts of the said case (Puneet Dalmia vs. Central Bureau of Investigation, Hyderabad supra), in which the exemption was refused by the Court and as prayed for by the petitioner, this Court while considering the facts and circumstances of the said case, granted exemption from personal appearance. The order passed by this Court in Puneet Dalmia vs. Central Bureau of Investigation, Hyderabad (supra) does not apply in the instant transfer petition merely on the basis of apprehension.", the court observed.

The bench therefore dismissed the Transfer Petition.


Case name and Citation: Dinesh Mahajan vs Vishal mahajan | LL 2021 SC 620

Case no. and Date: Tr.P(C) 442/2021 | 26 October 2021

Coram: Justice JK Maheshwari


Click here to Read/Download Order


https://main.sci.gov.in/supremecourt/2021/24490/24490_2021_8_15_31005_Order_26-Oct-2021.pdf

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