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Supreme Court of India 2022-05-17 allowed

Nazma Naz & Anr vs Rukhsana Bano & Ors

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

Accused persons sought transfer of criminal proceedings from Aligarh to Mathura on the ground that the High Court's discharge application order remained unenforced due to subordinate court staff negligence. The High Court granted the transfer order. The Supreme Court set aside the transfer, holding that administrative lapses by court staff and delays in compliance are insufficient grounds to shift proceedings across stations. Transfer orders must rest on substantive justice concerns, not bureaucratic failures. The Court emphasized restraint in exercising transfer powers and preserved the trial court's jurisdiction to proceed according to law.

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Criminal Procedure Transfer of Cases Court Conduct Judicial Administration

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