GURCHARAN DAS CHADHA versus STATE OF RAJASTHAN

GURCHARAN DAS CHADHA versus STATE OF RAJASTHAN

The Supreme Court's power under s. 527 CrPC to transfer cases is not inconsistent with s. 7(2) of the Prevention of Corruption Act; territorial jurisdiction provisions do not restrict transfer powers exercised by higher courts; however, on facts, no reasonable apprehension shown by petitioner that justice will not be done, so transfer refused.

Parties
Petitioner: Gurcharan Dass Chadha; Respondent: State of Rajasthan; Respondent: C K. K. Jain; Respondent: R. N. Sachthey
Jurisdiction
India
Judgment Date
24 November 1965
Procedural Posture
Transfer Petition / Final Disposition
Outcome
Petition dismissed
Legal Topics
Transfer of Criminal Cases, Jurisdiction of Special Judges, Prevention of Corruption Act, Code of Criminal Procedure
Criminal Law Transfer of Criminal Cases Jurisdiction of Special Judges Prevention of Corruption Act Code of Criminal Procedure

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Parties

Gurcharan Dass Chadha

Petitioner

State of Rajasthan

Respondent

C K. K. Jain

Respondent

R. N. Sachthey

Respondent

Procedural Posture

Transfer Petition / Final Disposition

Legal Issues

  1. 1 Whether Supreme Court has power under s. 527 CrPC to transfer a case from one State to another when the Prevention of Corruption Act prescribes trial by special judge of area where offence committed.

Ratio Decidendi

The Supreme Court's power under s. 527 CrPC to transfer cases is not inconsistent with s. 7(2) of the Prevention of Corruption Act; territorial jurisdiction provisions do not restrict transfer powers exercised by higher courts; however, on facts, no reasonable apprehension shown by petitioner that justice will not be done, so transfer refused.

Court Disposition

Petition dismissed

Orders

  • No transfer; criminal case continues before Special Judge, Bharatpur