Petitioner sought transfer of criminal trial due to fear of unfair trial. Court dismissed petition, holding apprehensions were unsubstantiated and ill-founded, citing R. Balakrishna Pillai advice to witness protection if threatened.
Petition for transfer dismissed; petitioner advised to approach Witness Protection Committee if threatened.
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Through: Ms. Sunita Arora (DHCLSC), Adv.
versus
THE STATE OF NCT OF DELHI AND ANRS .....Respondents Through: Mr. Satish Kumar, APP for the State W/SI Kumari Neeraj, PS V.K. North
CORAM:
HON'BLE MR. JUSTICE DINESH KUMAR SHARMA
O R D E R % 29.08.2024
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 05/09/2024 at 12:19:43
1 (2000) 7 SCC 129
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 05/09/2024 at 12:19:43
also approach the Witness Protection Committee for the appropriate remedy.
DINESH KUMAR SHARMA, J
AUGUST 29, 2024 rb/ht..
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 05/09/2024 at 12:19:43
2 issues framed by the court
Whether a transfer of criminal trial is permissible on the ground of mere apprehension of lack of fair trial without substantive foundation.
Whether allegations of threats and non-consideration of applications warrant the transfer of the trial venue.
Colour shows how this judgement treated each authority
R. Balakrishna Pillai v. State of Kerala, (2000) 7 SCC 129Applied¶15
1 provisions across 1 enactments
K
THE STATE OF NCT OF DELHI AND ANRS
DINESH KUMAR SHARMA
As recorded by the court registry
A petition to transfer a criminal case from one court to another.
Judgements on the same questions, provisions and authorities, from every court
