HIMANSHU SINGH SABHARWAL versus STATE OF M.P. AND ORS.

HIMANSHU SINGH SABHARWAL versus STATE OF M.P. AND ORS.

Because of the threat, coercion, and resiling of witnesses and doubts about impartiality of the investigation/prosecution, and given the State's fair stance, the Sessions Case No. 291 of 2006 pending in Ujjain is transferred to Sessions Judge, Nagpur, for commencement from stay stage, with the petitioner's and State's nominated public prosecutor options for appointment by the Sessions Judge. Witnesses may be recalled under S.311 CrPC.

Parties
Petitioner: Himanshu Singh Sabharwal; Respondent: State of M.P.; Accused: Respondents 2 to 7
Jurisdiction
India
Judgment Date
12 March 2008
Procedural Posture
Transfer Petition (criminal) No.175 of 2007 With Writ Petition (criminal) No.173 of 2006 / Supreme Court Final Order on Transfer
Outcome
Transfer Petition and connected Writ Petition disposed of; criminal proceedings transferred.
Legal Topics
Fair Trial, Witness Protection, Transfer of Criminal Proceedings, Role of Public Prosecutor, Court's Powers Under Evidence Act and Cr PC
Criminal Law Procedure Fair Trial Witness Protection Transfer of Criminal Proceedings Role of Public Prosecutor Court's Powers Under Evidence Act and Cr PC

Case Brief

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Parties

Himanshu Singh Sabharwal

Petitioner

State of M.P.

Respondent

Respondents 2 to 7

Accused

Procedural Posture

Transfer Petition (criminal) No.175 of 2007 With Writ Petition (criminal) No.173 of 2006 / Supreme Court Final Order on Transfer

Legal Issues

  1. 1 Whether criminal proceedings should be transferred due to alleged coercion and threat to witnesses, and impartiality concerns of investigation and prosecution
  2. 2 Role and powers of the Court in protecting fair trial and witnessing

Ratio Decidendi

Because of the threat, coercion, and resiling of witnesses and doubts about impartiality of the investigation/prosecution, and given the State's fair stance, the Sessions Case No. 291 of 2006 pending in Ujjain is transferred to Sessions Judge, Nagpur, for commencement from stay stage, with the petitioner's and State's nominated public prosecutor options for appointment by the Sessions Judge. Witnesses may be recalled under S.311 CrPC.

Court Disposition

Transfer Petition and connected Writ Petition disposed of; criminal proceedings transferred.

Orders

  • Sessions Case No. 291 of 2006 pending in Ujjain transferred to Sessions Judge, Nagpur, Maharashtra.
  • Trial will commence from stage of stay.