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

SooperKanoon Citationsooperkanoon.com/658984
SubjectService
CourtSupreme Court of India
Decided OnDec-08-1986
Case NumberTransfer Petition (Criminal) No. 126 of 1986
Judge G.L. Oza; Ranganath Misra, JJ.
Reported in1986Supp(1)SCC675
AppellantMajor S.J. Dubey
RespondentState of Punjab and ors.
DispositionTransfer 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.