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Major S.J. Dubey Vs. State of Punjab and ors. - Court Judgment

SooperKanoon Citation

Subject

Service

Court

Supreme Court of India

Decided On

Case Number

Transfer Petition (Criminal) No. 126 of 1986

Judge

Reported in

1986Supp(1)SCC675

Appellant

Major S.J. Dubey

Respondent

State of Punjab and ors.

Disposition

Transfer petition disposed

Excerpt:


- [ g.l. oza; ranganath misra, jj.] -- constitution of india — article 139-a — prosecution case against petitioner being at investigation stage, prayer for transfer rejected at present -- the transfer petition is disposed of with liberty to the petitioner to renew the prayer in case charge-sheet is filed against him on completion of investigation.g.l. oza; ranganath misra, jj.1. heard the petitioner in person and the standing counsel for the state of punjab.2. mr sodhi points out that the matter is still at the investigation stage and there is nothing to be transferred at present. we agree.3. we direct that during the investigation, the petitioner shall not be required to visit punjab, particularly amritsar, except on the solitary occasion in the matter relating to the recovery of the firearms. appropriate protection will be extended to the petitioner if and when he is required to go to punjab. bail bond is cancelled as the petitioner is not required to go to amritsar at this time.4. the transfer petition is disposed of with liberty to the petitioner to renew the prayer in case charge-sheet is filed against him on completion of investigation.

Judgment:


G.L. Oza; Ranganath Misra, JJ.

1. Heard the petitioner in person and the standing counsel for the State of Punjab.

2. Mr Sodhi points out that the matter is still at the investigation stage and there is nothing to be transferred at present. We agree.

3. We direct that during the investigation, the petitioner shall not be required to visit Punjab, particularly Amritsar, except on the solitary occasion in the matter relating to the recovery of the firearms. Appropriate protection will be extended to the petitioner if and when he is required to go to Punjab. Bail bond is cancelled as the petitioner is not required to go to Amritsar at this time.

4. The transfer petition is disposed of with liberty to the petitioner to renew the prayer in case charge-sheet is filed against him on completion of investigation.


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