Ram Chander Singh Sagar & ANR Vs.
State of Tamil Nadu & ANR  INSC 11 (23 January 1978)
CITATION: 1978 AIR 475 1978 SCR (2) 604 1978
SCC (2) 35
Power of Supreme Court to transfer criminal
cases--Scope of S. 406 of Criminal Procedure Code (Act II of 1974), 1973 (1898
Code S. 527) r/w Order XXXVI S. C. Rules 1966.
The Petitioners moved this Court u/s 406 Crl.
P. C., 1973 r/w Order XXXVI Supreme Court Rules, 1966, when their matter was at
the investigation stage itself for an order of transfer of the case to some
Dismissing the petition for transfer, the
HELD : The Code of Criminal Procedure clothes
the Supreme Court with power u/s 406 to transfer a case for appeal from one
High Court or a Court subordinate to one High Court to another High Court or to
a Court subordinate thereto, but not with the power to transfer investigations
from one police station to another in the country simply because the first
information or a remand report is forwarded to a Court. 'lo come to this Court
directly seeking an order of transfer in such a case is travelling along the
wrong street. If justice is denied, there are other redresses, not u/s 406.
[604 F-G 605 A]
ORIGINAL JURISDICTION : Transfer Petition
(Criminal) No. 40 of 1977.
Under Section 406 of the Code of Criminal
D. P. Bhandare and N. S. Das Bahl for the
V.P. Rama, Adv. Genl. Tamil Nadu and A. V.
Rangam for the Respondents.
The Order of the Court was delivered by
KRISHNA IYER, J.-The Code of Criminal Procedure clothes this Court with power
under s. 406 lo transfer a case or appeal from one High Court or a Court
subordinate to one High Court to another High Court or to a Court subordinate
But it does not clothe this Court with the
power to transfer investigations from one police station to another in the
country simply because the first information or a remand report is forwarded to
a Court. The application before us stems from a misconception about the scope
of, S. 406.
There is as yet no case pending before any
Court as has been made clear in the counter affidavit of the State of Tamil
Nadu. In the light of this counter affidavit, nothing can be done except to
dismiss this petition.
If the petitioners are being directed to
appeal in a far-off Court during investigatory stage it is for them to move
that Court for appropriate orders so that they may not be tormented by long
travel or otherwise teased by judicial process. If justice is denied there are
605 other redresses, not under s. 406, though it is unfortunate that the
petitioners have not chosen to move that court to be absolved from appearance
until necessitated by the circumstances or the progress of the investigation.
To come to this Court directly seeking an order of transfer is travelling along
the wrong street. We are sure that if the second petitioner is ailing, as is
represented, and this fact is brought to the notice of the Court which has
directed her appearance, just orders will be passed in case there is veracity
behind the representation. We need hardly say courts should use their processes
to the purpose of advancing justice, not to harass parties. Anyway, so far as
the petition for transfer is concerned, to borrow a cliche, the less said the
better and so we dismiss it.
S. R. Petition dismissed.