Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure 1908: s. 406 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 |
Case Type | Transfer Petition |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Code of. Criminal Procedure, 1908:s. 406 - "transfer petition - Petitioner's father brutally murdered in broad daylight - Accused belonging to powerful gang operating in the State - Records showed threat administered to the petitioner and family by accomplices of the accused - No action taken by police or State Government to afford protection to petitioner/his family or to thwart threats made by accused - Four accused already enlarged on bail but police or State Agency not taken steps for cancellation of their bail order- Sincerity/effectiveness of prosecuting agency apparent from such conduct - The reluctance of the witnesses to go to the court at Haridwar in spite of receipt of repeated summons bound to hamper the course of justice - Petitioner able to make out a case that there would be failure of justice and resultant acquittal of the accused only on account of threats to the witnesses - On the facts and circumstances of the case and in the interest of justice, the transfer of the case from Haridwar to Delhi ordered.s. 311 - Power of court to summon and examinewitnesses - Role of Presiding Judge. Held: The Judge has to take participatory role in the trial - He is not to act like a mere tape-recorder to record whatever is stated by the witnesses- s.311 and s.165 of the Evidence Act confers vast and wide powers on court to elicit all necessary materials by playing an active role in the evidence collecting process -Evidence act,sec.165. |
Judge | Hon'ble Mr. Justice J.M. Panchal |
Neutral Citation | 2011 INSC 27 |
Petitioner | Vikas Kumar Roorkewal |
Respondent | State Of Uttarakhand And Ors, |
SCR | [2011] 1 S.C.R. 279 |
Judgement Date | 2011-01-11 |
Case Number | 29 |
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