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august 2010

Supreme Court of India · 2010-08-27

Jyoti Mishra vs Dhananjaya Mishra

Citation / case number
AIR 2010 SC (SUPP) 70
Court
Supreme Court of India
Petitioner
Jyoti Mishra
Respondent
Dhananjaya Mishra
Bench
Aftab Alam, R.M. Lodha

Judgment text excerpt

The Supreme Court dismissed the Transfer Petitions filed by the estranged wife seeking to transfer a criminal case under Section 498-A IPC from Cyberabad to Indore. The Court held that the transfer of a criminal case solely for the convenience of the complainant is not justified, as it may infringe upon the accused's right to a fair trial and proper defense. The Court emphasized that the presence of all accused parties is essential in such proceedings, leading to the dismissal of the petitions.

Jyoti Mishra vs Dhananjaya Mishra · Niyam