SC: Transfer of a criminal case u/s 406 of the Cr.PC to be directed when such transfer would be ‘expedient for the ends of Justice’ [Read Judgment]

On 7th May 2021, the Supreme Court of India in the case of Raj Kumar Sabu v. M/s Sabu Trade Private Limited comprising of Justice Aniruddha Bose while hearing a transfer petition held that the Transfer of a criminal case u/s 406 of the Criminal Penal Code to be directed when such transfer would be ‘expedient for the ends of Justice’

Two Main Grounds urged on behalf of the Appellant for the transfer application

1. the points involved in the criminal case are similar to the suits which are being tried and determined by the Delhi High Court.
2. the proceeding in the Salem Court is being conducted in Tamil, which the petitioner does  not understand

Respondent Contentions

The Respondent in its contentions urged before the Court that the,

1. The complaint has reached the stage of cross examination of the complainants’ witnesses by the petitioner.
2. He also points out that personal appearance of the petitioner during trial stood dispensed with by an order of the Madras High Court.
3. It is also his submission that the case pending in the Salem Court has criminal elements, which ought not to be mixed up with the civil suit.

Court Findings and Observation

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The Court in its findings stated that,

“Substantial progress has been made in the said complaint before the Salem Court. So far as the subject-criminal case is concerned, the ground of overlapping points in any event cannot justify the petitioner’s case for transfer as even if the petition is allowed, the criminal case shall have to proceed in the Court of Judicial Magistrate and not in the High Court where the civil suits are being heard.”

 Two different judicial fora would be hearing the civil cases and the criminal case. Whether the civil cases and the criminal case would continue together or not is not a question which falls for determination in this Transfer Petition. Moreover, it does not appear that earlier any complaint was made about the proceeding being carried on at Salem. In fact, the petitioner had applied for quashing the complaint before the Madras High Court but at that point of time, no proceeding was taken out for transferring the criminal complaint.

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Further, the Court in its findings stated that the, Transfer of a criminal case under Section 406 of the 1973 Code can be directed when such transfer would be “expedient for the ends of justice”.

Court Judgment

The Court in its judgment dismissed the transfer petition and disposed of the connected applications with the petition.