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Supreme Court of India 2018-03-28 dismissed

Harita Sunil Parab vs State of NCT of Delhi and Others

Bench: 1 — Navin Sinha

In Brief

A practicing advocate from Mumbai sought transfer of criminal cases from Delhi and Ghaziabad to Mumbai, citing inconvenience to her professional engagements and apprehension of fair trial. The Supreme Court held that apprehension of unfairness must be reasonable, not imaginary. While personal inconvenience may be a relevant factor, it cannot override the convenience of prosecution, witnesses, and other parties—especially when most witnesses were located in the original jurisdiction (Delhi/Ghaziabad). The Court rejected the transfer petitions, holding that no universal rule applies; transfer depends on case-specific facts."

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Criminal Procedure Transfer of Cases Fair Trial Jurisdiction

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