Supreme Court of India · 2008-03-12
Himanshu Singh Sabharwal vs State of M.P. and Ors
- Citation / case number
- SC 2007/63091
- Court
- Supreme Court of India
- Petitioner
- Himanshu Singh Sabharwal
- Respondent
- State of M.P. and Ors
- Author
- ARIJIT PASAYAT
- Bench
- P. SATHASIVAM DR. ARIJIT PASAYAT
Judgment text excerpt
The Supreme Court, in Transfer Petition (Crl.) No. 175/2007, held that the transfer of the Sessions Case No. 291 of 2006 from Ujjain is warranted due to concerns over witness coercion and the impartiality of the investigating agency and public prosecutor, as highlighted by the petitioner under Section 311 of the Code of Criminal Procedure, 1973. The Court emphasized the necessity of a fair trial and the establishment of truth as fundamental to the judicial process. The transfer was granted to ensure justice is served without bias, despite the State's non-acceptance of the allegations against the trial process.