MONICA versus SATISH SHARMA & ANR.

MONICA versus SATISH SHARMA & ANR.

As respondent No.1 and other witnesses are not involved in the main criminal case and most witnesses are located in Jaipur, with the alleged forgery having occurred there, and the petitioner need not attend Jaipur proceedings in person, no sufficient ground exists for transfer of proceedings from Jaipur to Delhi.

Parties
Petitioner: Monica; Respondent No.1: Satish Sharma; Petitioner: Smt. Vinay Malhotra
Jurisdiction
India
Judgment Date
27 July 2009
Procedural Posture
Transfer Petition (crl.) No. 258 of 2007 and Transfer Petition (crl.) Nos. 259 260 of 2007 / Disposition by Supreme Court
Outcome
Transfer Petitions dismissed.
Legal Topics
Transfer of Proceedings, Section 83 Cr.p.c., Section 482 Cr.p.c., Attachment of Property, Quashing of FIR
Criminal Law Procedure Transfer of Proceedings Section 83 Cr.p.c. Section 482 Cr.p.c. Attachment of Property Quashing of FIR

Case Brief

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Parties

Monica

Petitioner

Satish Sharma

Respondent No.1

Smt. Vinay Malhotra

Petitioner

Procedural Posture

Transfer Petition (crl.) No. 258 of 2007 and Transfer Petition (crl.) Nos. 259 260 of 2007 / Disposition by Supreme Court

Legal Issues

  1. 1 Whether criminal revision and execution proceedings regarding property attachment should be transferred from Jaipur to Delhi.
  2. 2 Whether petition under Section 482 Cr.P.C. before Rajasthan High Court should be transferred to Delhi High Court.

Ratio Decidendi

As respondent No.1 and other witnesses are not involved in the main criminal case and most witnesses are located in Jaipur, with the alleged forgery having occurred there, and the petitioner need not attend Jaipur proceedings in person, no sufficient ground exists for transfer of proceedings from Jaipur to Delhi.

Court Disposition

Transfer Petitions dismissed.

Orders

  • No order as to costs.