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Supreme Court of India 2021-03-09 dismissed

SWAATI NIRKHI & ORS vs STATE (NCT OF DELHI) & ORS

Bench: 2 — Ashok Bhushan, Indu Malhotra

In Brief

A woman accused of extortion filed a transfer petition seeking to move her trial from Delhi to Allahabad. The original complainant opposed, arguing the crime occurred in Delhi where most witnesses and official witnesses were located. The Supreme Court held that criminal cases should ordinarily be tried where the cause of action arose. Since the alleged extortion occurred in Delhi and 12 of 23 official witnesses were based there, transferring the case would hinder their official duties. The Court dismissed the transfer petition, holding that accused persons' convenience does not override the location of evidence and witnesses, and remanded the case to the Delhi court."

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Criminal Procedure Jurisdiction Transfer of Criminal Cases Indian Penal Code

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