RAM CHANDER SINGH SAGAR AND ANR. versus STATE OF TAMIL NADU AND ANR.

RAM CHANDER SINGH SAGAR AND ANR. versus STATE OF TAMIL NADU AND ANR.

The Supreme Court does not have the power to order transfer of criminal investigations from one police station to another under Section 406 CrPC when no case is pending before a court; such an application is not maintainable.

Parties
Petitioners: Ram Chander Singh Sagar and Another; Respondents: State of Tamil Nadu and Another
Jurisdiction
India
Judgment Date
23 January 1978
Procedural Posture
Transfer Petition (criminal) No. 40 of 1977 / Original Jurisdiction Application for Transfer at Investigation Stage
Outcome
Petition dismissed
Legal Topics
Transfer of Cases, Scope of Section 406 Cr PC
Criminal Law Criminal Procedure Transfer of Cases Scope of Section 406 Cr PC

Case Brief

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Parties

Ram Chander Singh Sagar and Another

Petitioners

State of Tamil Nadu and Another

Respondents

Procedural Posture

Transfer Petition (criminal) No. 40 of 1977 / Original Jurisdiction Application for Transfer at Investigation Stage

Legal Issues

  1. 1 Whether the Supreme Court has the power under Section 406 CrPC to transfer investigations between police stations at the investigation stage.

Ratio Decidendi

The Supreme Court does not have the power to order transfer of criminal investigations from one police station to another under Section 406 CrPC when no case is pending before a court; such an application is not maintainable.

Court Disposition

Petition dismissed

Orders

  • Petition for transfer dismissed as not maintainable.