2019 (4) TMI 2040 - SC - Indian Laws

Transfer petition - Territorial Jurisdiction - seeking transfer of petition both pending before the Special Judge for CBI City Civil and Sessions Court Greater Mumbai Maharashtra to the Special Court CBI at Ahmedabad Gujarat - HELD THAT - The trial is going on in respect of the criminal cases at Serial Nos.1 and 2 above at Mumbai Maharashtra and the cases at Serial Nos.3 to 7 are under investigation at Ahmedabad Gujarat. It is not disputed that the criminal cases bearing SC No.63/2017 and SC No.77/2017 have arisen in respect of the offences allegedly committed in regard to loans advanced by the consortium of Banks to the petitioner Sunil K. Kakkad and the companies headed by him. In each case the loan was disbursed at Ahmedabad Gujarat. The most of the evidence are within the jurisdiction of the court at Ahmedabad - it is deemed expedient to transfer the cases bearing SC No.63/2017 and SC No.77/2017 to the Special Court CBI at Ahmedabad Gujarat. The Special Judge for CBI City Civil and Sessions Court Greater Mumbai Maharashtra shall forthwith transmit the record of the aforesaid cases to the Special Court CBI at Ahmedabad Gujarat - the transfer petitions stand allowed accordingly.

Summary

Issues:
Transfer of criminal cases from one jurisdiction to another.

Analysis:
The Supreme Court heard transfer petitions seeking to transfer Criminal Cases SC No.63/2017 and SC No.77/2017 from Mumbai to Ahmedabad. These cases involved offenses related to loans disbursed in Ahmedabad. The Court noted that as per Section 177 of the Code of Criminal Procedure, offenses should be tried where they were committed. Considering the evidence and jurisdiction, the Court found it appropriate to transfer the cases to Ahmedabad. The transfer was ordered, and the Mumbai court was directed to send the case records to the Special Court CBI in Ahmedabad. The transfer petitions were allowed, ensuring that the investigation in other related cases would not delay the trials in SC No.63/2017 and SC No.77/2017.