No Universal Rules Can Be Prescribed For Deciding A Transfer Petition: Jharkhand High Court Reiterates
Live LawThe Jharkhand High Court recently transferred a case from the Court of Saraikela to Bokaro, noting that in a criminal proceeding, the trial is required to be conducted within the Court, where the jurisdiction of that Court is made out, so far as the occurrence is concerned. Justice Sanjay Kumar Dwivedi referred to the case of Abdul Nazar Madani v. State of Tamil Nadu, where it was held that no universal or hard and fast rules can be prescribed for deciding a transfer petition which is always to be decided based on the facts of each case. He also submitted that three enquiry witnesses and all the enquiry witnesses are the residents of Seraikella and if this criminal case will be transferred from the Court of Seraikella to the Court of Bokaro. The Court referred to Abdul Nazar Madani v. State of Tamil Nadu where it was held that, "The purpose of the criminal trial is to dispense fair and impartial justice uninfluenced by extraneous considerations.
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