Supreme Court of India · 2016-01-08
USMANGANI ADAMBHAI VAHORA vs STATE OF GUJARAT
- Citation / case number
- SC 2015/34641
- Court
- Supreme Court of India
- Petitioner
- USMANGANI ADAMBHAI VAHORA
- Respondent
- STATE OF GUJARAT
- Author
- Dipak Misra
- Bench
- PRAFULLA C. PANT DIPAK MISRA
Judgment text excerpt
The Supreme Court held that the High Court's exercise of jurisdiction under Article 227 of the Constitution to quash the order of the Principal Sessions Judge regarding the transfer of a case is justified. The Court affirmed the High Court's view that a transfer petition under Section 408 of the Code of Criminal Procedure, 1973 is maintainable. The judgment clarifies that the transfer of cases between Additional Sessions Judges within the same Sessions Division is permissible after the commencement of trial, thereby upholding the procedural integrity of the judicial process.