MRUDUL M. DAMLE & ANR. versus C.B.I. NEW DELHI

MRUDUL M. DAMLE & ANR. versus C.B.I. NEW DELHI

Transfer of the case is expedient for the ends of justice because the vast majority of witnesses and the accused are based in Maharashtra, making Delhi an inconvenient forum. The case is not Delhi-centric; CBI is equipped to handle prosecution at Thane. Transfer would facilitate fairness, expedient disposal, and reduce logistics for witnesses.

Parties
Petitioner: Mrudul M. Damle; Petitioner: Milind Purushottam Damle; Respondent: C.B.I. New Delhi
Jurisdiction
India
Judgment Date
10 May 2012
Procedural Posture
Transfer Petition (crl.) No. 17 of 2012 / Supreme Court Order on Transfer Petition
Outcome
Transfer Petition Allowed
Legal Topics
Transfer of Criminal Cases, Fair Trial, Speedy Trial, Convenience of Parties and Witnesses
Criminal Law Procedural Law Transfer of Criminal Cases Fair Trial Speedy Trial Convenience of Parties and Witnesses

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Parties

Mrudul M. Damle

Petitioner

Milind Purushottam Damle

Petitioner

C.B.I. New Delhi

Respondent

Procedural Posture

Transfer Petition (crl.) No. 17 of 2012 / Supreme Court Order on Transfer Petition

Legal Issues

  1. 1 Whether the criminal case should be transferred from Delhi to Thane, Maharashtra for reasons of convenience and fairness.

Ratio Decidendi

Transfer of the case is expedient for the ends of justice because the vast majority of witnesses and the accused are based in Maharashtra, making Delhi an inconvenient forum. The case is not Delhi-centric; CBI is equipped to handle prosecution at Thane. Transfer would facilitate fairness, expedient disposal, and reduce logistics for witnesses.

Court Disposition

Transfer Petition Allowed

Orders

  • Criminal Case No.45 of 2008 entitled C.B.I. v. Mrudul Milind Damle & Anr. pending in the Court of Special Judge, CBI Cases, Rohini Courts, New Delhi is transferred to the Court of Special Judge, CBI Cases, Court of Sessions at Thane, Maharashtra.
  • Record to be transferred forthwith to transferee court for expeditious disposal.