Trial Cannot Be Routinely Transferred Outside State Solely Due To Involvement Of Political Personality: Supreme Court
Live LawThe Supreme Court on Friday orally observed that trial of criminal cases cannot be routinely transferred to another state solely on the ground that a political party is involved. A bench of Justice Abhay S. Oka and Justice Augustine George Masih was hearing Congress Madhya Pradesh MLA Rajendra Bharti's plea to transfer a cheating case filed against him by Jila Sahakari Krishi Gramin Vikas Bank from Gwalior, Madhya Pradesh, to another state Justice Oka remarked during the hearing, “No ground to transfer it outside the state. We have given affidavit for that.” Justice Oka questioned the specific allegations against the sessions judge, to which Sibal responded by pointing out that despite a stay order from the Supreme Court dated March 4, the sessions judge recorded statements under Section 313 of the CrPC on March 5. Justice Oka remarked that transferring the case to another judicial officer within the state would require approaching the High Court for examination of such allegations.
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Trial Court Not Empowered Under CrPC To Stay Its Own Proceedings: Madhya Pradesh High Court
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