RAVINDRA PAL SINGH versus SANTOSH KUMAR JAISWAL & ORS.

RAVINDRA PAL SINGH versus SANTOSH KUMAR JAISWAL & ORS.

Given the apprehensions of undue influence by both parties and the need to ensure a fair trial free from local pressures, the case is to be transferred from Dehradun to the Court of Special Judge, CBI, Delhi.

Parties
Petitioner: Ravindra Pal Singh; Respondents: Santosh Kumar Jaiswal & Ors.
Jurisdiction
India
Judgment Date
17 March 2011
Procedural Posture
Transfer Petition (criminal) No. 222 of 2010 / Disposition of Transfer Petition
Outcome
Transfer petition disposed of; case transferred to Delhi.
Legal Topics
Transfer of Criminal Case, Police Misconduct, Fair Trial
Criminal Law Transfer of Criminal Case Police Misconduct Fair Trial

Case Brief

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Parties

Ravindra Pal Singh

Petitioner

Santosh Kumar Jaiswal & Ors.

Respondents

Procedural Posture

Transfer Petition (criminal) No. 222 of 2010 / Disposition of Transfer Petition

Legal Issues

  1. 1 Whether the criminal case arising from the alleged fake encounter should be transferred to ensure a fair trial and prevent undue influence by the accused police officials.

Ratio Decidendi

Given the apprehensions of undue influence by both parties and the need to ensure a fair trial free from local pressures, the case is to be transferred from Dehradun to the Court of Special Judge, CBI, Delhi.

Court Disposition

Transfer petition disposed of; case transferred to Delhi.

Orders

  • Case Crime No. 3 of 2010 State through CBI vs. S.K. Jaiswal is transferred from the Court of Special Judicial Magistrate, CBI, Dehradun to the Court of Special Judge, CBI, Delhi, for trial or assignment as appropriate.