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Supreme Court of India 2021-03-09 dismissed

Swaati Nirkhi & Ors vs State (NCT of Delhi) & Ors

Bench: 2 — Indu Malhotra

In Brief

A petitioner charged with extortion, cheating, and criminal intimidation in Delhi sought transfer of her trial to Allahabad, citing financial hardship and personal inconvenience. The Supreme Court held that criminal cases must ordinarily be tried in the jurisdiction where the offence was committed. Although the petitioner faced difficulties, these personal circumstances could not override the location of the crime and the availability of official witnesses in Delhi. The Court dismissed the transfer petition and directed the case to be transferred back to Delhi, affirming that convenience of prosecution, witnesses, and public interest—not just the petitioner's convenience—must be considered in transfer decisions.

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Criminal Procedure Transfer of Cases Jurisdiction Witness Convenience Fair Trial

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