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K.V.S. Rao v. C.B.I. and Others

Transfer Petition (Criminal) · Neutral citation not assigned (Transfer Petition (Criminal) No. 89 of 2013)Decided 10 Mar 2014
Transfer Petition (Criminal) No. 89 of 2013
Chief Justice P. Sathasivam · Justice Ranjan Gogoi

Background

The petitioners sought transfer of a CBI prosecution pending in Lucknow so that it could be heard with a related case in Delhi. The CBI objected that witnesses came from numerous cities. The Court examined the parties' materials, including the circumstances of the decisions being investigated and the occupations of the witnesses.

Decision Breakdown

The Court found a case for transfer in the interests and convenience of the parties. Most witnesses were doctors or medical-college officials, while the ultimate decision at issue had been taken at ministerial level in Delhi. It transferred Criminal Case No. 5 of 2013, CBI v. Dr. Keshav Kumar Agarwal and Others, from the Lucknow Special Judge to the CBI Special Judge at Patiala House, New Delhi, to be heard with Criminal Case No. 3 of 2012 concerning Dr. Anbumani Ramadoss and others. It directed efforts to finish the trial promptly after records arrived. The order addressed venue and coordinated hearing, not guilt.

Lesson Learnt

Related criminal cases may be transferred for convenient and coherent adjudication after the court considers their connections and witness arrangements. A transfer order organises the trial; it does not establish the allegations against any accused.

Official source (sci.gov.in)View Judgment (PDF)

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