K.ANBAZHAGAN versus SUPERINTENDENT OF POLICE, CHENNAI AND ORS.

K.ANBAZHAGAN versus SUPERINTENDENT OF POLICE, CHENNAI AND ORS.

No case is made out for modifying the transfer from Tamil Nadu to Karnataka, since the apprehended risks are not substantiated, sufficient safeguards have been provided, and Section 406 CrPC does not contemplate transfer to a place under the same High Court’s jurisdiction.

Parties
Applicant: K. Anbazhagan; Respondents: Superintendent of Police, Chennai and Ors.
Jurisdiction
India
Judgment Date
17 February 2004
Procedural Posture
Criminal Miscellaneous Petition for Modification of Transfer Order in Transfer Petition (criminal) Nos. 77 78 of 2003 / Application for Modification After Transfer Order Issued
Outcome
Petitions dismissed.
Legal Topics
Transfer of Cases, Personal Security in Trial, Free and Fair Trial
Criminal Law Procedure Transfer of Cases Personal Security in Trial Free and Fair Trial

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Parties

K. Anbazhagan

Applicant

Superintendent of Police, Chennai and Ors.

Respondents

Procedural Posture

Criminal Miscellaneous Petition for Modification of Transfer Order in Transfer Petition (criminal) Nos. 77 78 of 2003 / Application for Modification After Transfer Order Issued

Legal Issues

  1. 1 Whether the order transferring the criminal case from Tamil Nadu to Karnataka should be modified to transfer the case instead to Pondicherry, citing concerns of personal security and fair trial.

Ratio Decidendi

No case is made out for modifying the transfer from Tamil Nadu to Karnataka, since the apprehended risks are not substantiated, sufficient safeguards have been provided, and Section 406 CrPC does not contemplate transfer to a place under the same High Court’s jurisdiction.

Court Disposition

Petitions dismissed.

Orders

  • No modification of transfer order from Tamil Nadu to Karnataka.