VidhiSangh

Supreme Court of India · 17/03/2023

AFJAL ALI SHA @ ABJAL SHAUKAT SHA versus STATE OF WEST BENGAL & ORS

[2023] 2 S.C.R. 1090 · 2023 INSC 257

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Summary

The brother of a man shot dead in Purba Medinipur in 2019 sought transfer of the murder trial out of West Bengal, after the State had directed withdrawal of the prosecution under Section 321 CrPC, the Calcutta High Court had set that aside, the informant had resiled and witnesses were threatened. The Supreme Court held the brother a party interested with locus and found the State had taken a U-turn to help the main accused, but saw no necessity to shift the trial outside the State given the High Court's corrective orders and ninety remaining Bengali-speaking witnesses. It transferred the trial to the City Sessions Court, Calcutta with directions on a Special Public Prosecutor, witness protection, custody and High Court monitoring.

Issues

  1. Whether the brother of a murder victim, who is a prosecution witness but not the complainant, is a party interested entitled to seek transfer of the trial under Section 406(2) of the Code of Criminal Procedure, 1973.
  2. Whether the State's attempt to withdraw the prosecution, the informant's turning hostile and alleged intimidation of witnesses justify transferring the trial to another State, or whether the ends of justice can be met by alternative directions.

Provisions considered

Held

Result

Transfer petition disposed of; Sessions Trial No. 1(03) of 2020 arising from FIR No. 495 of 2019 of Panskura Police Station transferred from the Additional Sessions Judge, 3rd Court, Tamluk to the Chief Judge, City Sessions Court, Calcutta with directions on a Special Public Prosecutor, witness security, cross-examination of the informant, custody, bail and High Court monitoring; pending applications disposed of.

Judgment PDF: Supreme Court of India, [2023] 2 S.C.R. 1090.