MANEKA SANJAY GANDHI AND ANR. vs RANI JETHMALANI

The Supreme Court held that the assurance of a fair trial is paramount when considering a motion for transfer under Section 406 of the Criminal Procedure Code, 1973. The Court emphasized that the grounds for transfer must be substantial and compelling, rather than based on convenience or minor grievances. It was determined that the presence of hostility or the inability to secure competent legal representation in a particular court could justify a transfer, but mere allegations without solid evidence are insufficient. The Court ultimately denied the transfer request, reinforcing the principle that the complainant has the right to choose the court of jurisdiction, provided it does not impede justice.