Transfer Petition Withdrawn in Criminal Case: Supreme Court Dismisses Plea

The Supreme Court of India, on 18 November 2021, dismissed the transfer petitions filed by the petitioner, Preeti Alok Singh, after she voluntarily sought to withdraw the petitions. The petitions, numbered as Transfer Petition (Criminal) No. 65-66 of 2021, were filed against the respondent, Alok Anil Singh & Ors., seeking the transfer of a criminal case. The petitioner submitted an affidavit supporting her decision to withdraw the petitions.

Background of the Case

The transfer petitions were initially filed by the petitioner, Preeti Alok Singh, requesting the Supreme Court to transfer her pending criminal case from one jurisdiction to another. The reasons behind the request were not specified in the final order of withdrawal but typically, such petitions are filed under Section 406 of the Criminal Procedure Code (CrPC) when a fair trial is in question.

Petitioner’s Argument

The petitioner, Preeti Alok Singh, initially sought the transfer of the criminal proceedings on grounds that were not detailed in the final withdrawal order. However, common grounds for such transfer petitions include:

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• Apprehension of bias in the trial court.
• Threats or intimidation affecting the trial process.
• Convenience of parties involved.

Later, she filed an application (I.A. No. 129098/2021) to withdraw her petitions, citing personal reasons or possible settlement.

Respondent’s Argument

The respondents, Alok Anil Singh & Ors., did not present detailed arguments in the final order since the petitioner sought to withdraw the case. However, in transfer petitions, respondents generally argue that:

• The petitioner’s claims do not justify a transfer.
• The trial court can ensure a fair hearing.
• There is no substantial evidence of bias or intimidation.

Supreme Court’s Observations

The Supreme Court, in its order, noted that the withdrawal request was supported by an affidavit from the petitioner. The Court found no reason to deny the withdrawal and allowed the application. The judgment stated:

“I.A. No. 129098 of 2021 is an application seeking withdrawal of the above-mentioned Transfer Petitions, supported by an affidavit of the petitioner for the facts stated in the application. Accordingly, I.A. No. 129098 of 2021 is allowed and the Transfer Petitions stand dismissed as withdrawn.”

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Final Verdict

The Supreme Court dismissed the transfer petitions after the petitioner sought their withdrawal. The matter was thereby closed without any further proceedings.

Implications of the Judgment

The withdrawal of the transfer petitions signifies that:

• The petitioner may have reached an amicable resolution or reconsidered the necessity of transferring the case.
• The original trial court will continue to hear the case.
• Similar petitions in the future will require strong justification for transfer to be granted.

With this decision, the Supreme Court reaffirmed its stance that transfer petitions must be supported by compelling reasons, and voluntary withdrawals are honored when sought by the petitioner.

Petitioner Name: Preeti Alok Singh.
Respondent Name: Alok Anil Singh & Ors..
Judgment By: Justice Vikram Nath.
Place Of Incident: Not specified.
Judgment Date: 18-11-2021.

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