SMT. PARMINDER KAUR versus STATE OF U.P. AND ANR.

SMT. PARMINDER KAUR versus STATE OF U.P. AND ANR.

Transfer petitions dismissed as grounds urged by the petitioner are vague and unsubstantiated; inconvenience to parties and health grounds are unsupported, and greater inconvenience and hardship would be caused to witnesses and the State if cases are transferred; criminal courts in Delhi/Chandigarh already overburdened.

Parties
Petitioner: Smt. Parminder Kaur; Respondent: State of Uttar Pradesh; Respondent No.2: Har Gur Saran Singh
Jurisdiction
India
Judgment Date
14 March 2007
Procedural Posture
Transfer Petitions & Special Leave Petition (criminal) / Final Disposal
Outcome
Transfer petitions dismissed; Special Leave Petition disposed as infructuous.
Legal Topics
Transfer of Proceedings, Fair Trial, Bail Conditions
Criminal Law Civil Procedure Transfer of Proceedings Fair Trial Bail Conditions

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Parties

Smt. Parminder Kaur

Petitioner

State of Uttar Pradesh

Respondent

Har Gur Saran Singh

Respondent No.2

Procedural Posture

Transfer Petitions & Special Leave Petition (criminal) / Final Disposal

Legal Issues

  1. 1 Whether criminal cases pending against the petitioner should be transferred from Rampur, UP to Delhi or Chandigarh due to alleged threat to life, old age, and illness.
  2. 2 Whether the petitioner was required to deposit her passport by order of the High Court.

Ratio Decidendi

Transfer petitions dismissed as grounds urged by the petitioner are vague and unsubstantiated; inconvenience to parties and health grounds are unsupported, and greater inconvenience and hardship would be caused to witnesses and the State if cases are transferred; criminal courts in Delhi/Chandigarh already overburdened.

Court Disposition

Transfer petitions dismissed; Special Leave Petition disposed as infructuous.

Orders

  • Transfer petitions under Section 406 CrPC dismissed; cases to remain at Rampur.
  • Special Leave Petition disposed of as the petitioner has complied with depositing passport and matter is infructuous.