Full Judgment Text
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PETITIONER:
RAM CHANDER SINGH SAGAR AND ANR.
Vs.
RESPONDENT:
STATE OF TAMIL NADU AND ANR.
DATE OF JUDGMENT23/01/1978
BENCH:
KRISHNAIYER, V.R.
BENCH:
KRISHNAIYER, V.R.
SINGH, JASWANT
CITATION:
1978 AIR 475 1978 SCR (2) 604
1978 SCC (2) 35
ACT:
Power of Supreme Court to transfer criminal cases--Scope of
S. 406 of Criminal Procedure Code (Act II of 1974), 1973
(1898 Code S. 527) r/w Order XXXVI S. C. Rules 1966.
HEADNOTE:
The Petitioners moved this Court u/s 406 Crl. P. C., 1973
r/w Order XXXVI Supreme Court Rules, 1966, when their matter
was at the investigation stage itself for an order of
transfer of the case to some other court.
Dismissing the petition for transfer, the Court
HELD : The Code of Criminal Procedure clothes the Supreme
Court with power u/s 406 to transfer a case for appeal from
one High Court or a Court subordinate to one High Court to
another High Court or to a Court subordinate thereto, but
not with the power to transfer investigations from one
police station to another in the country simply because the
first information or a remand report is forwarded to a
Court. ’lo come to this Court directly seeking an order of
transfer in such a case is travelling along the wrong
street. If justice is denied, there are other redresses,
not u/s 406. [604 F-G 605 A]
JUDGMENT:
ORIGINAL JURISDICTION : Transfer Petition (Criminal) No. 40
of 1977.
Under Section 406 of the Code of Criminal Procedure.
D. P. Bhandare and N. S. Das Bahl for the Petitioners.
V.P. Rama, Adv. Genl. Tamil Nadu and A. V. Rangam for the
Respondents.
The Order of the Court was delivered by
KRISHNA IYER, J.-The Code of Criminal Procedure clothes this
Court with power under s. 406 lo transfer a case or appeal
from one High Court or a Court subordinate to one High Court
to another High Court or to a Court subordinate thereto.
But it does not clothe this Court with the power to transfer
investigations from one police station to another in the
country simply because the first information or a remand
report is forwarded to a Court. The application before us
stems from a misconception about the scope of, S. 406.
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There is as yet no case pending before any Court as has been
made clear in the counter affidavit of the State of Tamil
Nadu. In the light of this counter affidavit, nothing can
be done except to dismiss this petition.
If the petitioners are being directed to appeal in a far-off
Court during investigatory stage it is for them to move that
Court for appropriate orders so that they may not be
tormented by long travel or otherwise teased by judicial
process. If justice is denied there are
605
other redresses, not under s. 406, though it is unfortunate
that the petitioners have not chosen to move that court to
be absolved from appearance until necessitated by the
circumstances or the progress of the investigation. To come
to this Court directly seeking an order of transfer is
travelling along the wrong street. We are sure that if the
second petitioner is ailing, as is represented, and this
fact is brought to the notice of the Court which has
directed her appearance, just orders will be passed in case
there is veracity behind the representation. We need hardly
say courts should use their processes to the purpose of
advancing justice, not to harass parties. Anyway, so far as
thepetition for transfer is concerned, to borrow a cliche,
the less said the better and so we dismiss it.
S. R. Petition dismissed.
606