JYOTI MISHRA versus DHANANJAYA MISHRA

JYOTI MISHRA versus DHANANJAYA MISHRA

The transfer petition is dismissed as the other accused were not impleaded as parties and because, in criminal cases, the right of the accused to a fair trial outweighs the convenience of the complainant; mere convenience of the complainant (wife) does not justify transfer of the criminal case from one state to another.

Parties
Petitioner: Jyoti Mishra; Respondent: Dhananjaya Mishra
Jurisdiction
India
Judgment Date
27 August 2010
Procedural Posture
Transfer Petition (criminal) Nos. 94 95 of 2010 / Application for Transfer of Criminal Case Pending Before Trial Court
Outcome
Transfer petition dismissed.
Legal Topics
Transfer of Criminal Proceedings, Rights of Accused, Convenience in Matrimonial Cases
Criminal Law Procedure Transfer of Criminal Proceedings Rights of Accused Convenience in Matrimonial Cases

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Parties

Jyoti Mishra

Petitioner

Dhananjaya Mishra

Respondent

Procedural Posture

Transfer Petition (criminal) Nos. 94 95 of 2010 / Application for Transfer of Criminal Case Pending Before Trial Court

Legal Issues

  1. 1 Whether a criminal case filed by an estranged wife against her husband and his relatives can be transferred to her place of residence solely for her convenience
  2. 2 Whether non-impleadment of all accused as parties is fatal to a transfer petition in criminal proceedings

Ratio Decidendi

The transfer petition is dismissed as the other accused were not impleaded as parties and because, in criminal cases, the right of the accused to a fair trial outweighs the convenience of the complainant; mere convenience of the complainant (wife) does not justify transfer of the criminal case from one state to another.

Court Disposition

Transfer petition dismissed.

Orders

  • Transfer Petitions dismissed.