The Allahabad High Court shifted a criminal case from Aligarh's Court of Additional Sessions Judge First to Mathura's Court of Additional Sessions Judge First. This was due to the High Court's dissatisfaction with the Subordinate Court's staff's failure to record an order passed by it. Some accused persons filed transfer petitions, claiming that the discharge application filed by some of the accused persons had not been decided, and they were summoned to appear before the Court in Aligarh on every date. The High Court even demanded that the Trial Judge appear in person and apologise.

SC noticed that transfer was sought by the accused persons, inter alia, with the grievances that the discharge application moved by some of the accused persons was not being decided and they were asked to appear before the Court at Aligarh on every date.

The bench observed that in the totality of circumstances of the case, we do not wish to make any comments on the nature of proceedings this matter has undergone but, we are clearly of the view that because of any fault or shortcoming on the part of the staff of the Subordinate Court and for that matter, any delay in compliance by the Court were hardly the reasons for the High Court to immediately adopt the course of transferring the matter and that too, to a different station.

After evaluating submissions made by both the parties the SC held that “we are informed that while the operation of the said order has remained stayed but the trial has not proceeded further. Without any further elaboration, suffice it to observe that we find no reason to allow the impugned order dated 19.12.2018 to operate or to order transfer of the proceedings on the grounds as suggested before the High Court. Thus, it appears just and proper that the impugned order be set aside. Accordingly, the impugned order dated 19.12.2018 in T.A. No. 492 of 2018 is set aside while leaving all other aspects of the matter open for consideration of the Trial Court in accordance with law.”

Case Title: Nazma Naz & Anr. v. Rukhsana Bano & Ors.

Bench: J. Dinesh Maheshwari and J. Aniruddha Bose

Citation: CRIMINAL APPEAL NO. 820 OF 2022

Decided on: 17th May, 2022

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