Supreme Court Transfers Criminal Case for Convenience of Parties & Witnesses

The Supreme Court allowed the transfer of a criminal case from Delhi to Thane under Section 406 CrPC for the convenience of parties and witnesses. The case involved a husband and wife facing prosecution under the Prevention of Corruption Act for assets disproportionate to income acquired in Delhi. With most witnesses being from Maharashtra, the Court emphasized fairness and convenience in trials, leading to the transfer for expeditious disposal and impartial justice.

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Issues: Whether, in exercise of power under Section 406 of the Code of Criminal Procedure, 1973, the criminal case should be transferred from Delhi to Thane on the ground of convenience of the accused and the prosecution witnesses and to serve the ends of justice.

Analysis: The power under Section 406 is to be exercised where transfer is expedient for the ends of justice. The admitted facts showed that almost all prosecution witnesses were based in Maharashtra, while only a very small number were in or around Delhi. The accused were also residing or working outside Delhi, making repeated appearances in Delhi burdensome. The case was not Delhi-centric in substance, and transfer to Thane would also better facilitate witness attendance and reduce delay and expense, supporting a fair and speedy trial.

Conclusion: The transfer was justified and the petition was allowed. The criminal case was ordered to be transferred from Rohini Courts, New Delhi to the competent court at Thane, Maharashtra.

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