Supreme Court: Mere Apprehension of Threat to Life not sufficient to Transfer Case

Supreme Court Life sufficient proof Transfer Petition

Alka Verma

Published On: November 2, 2021 at 16:30 IST

The Supreme Court of India held that mere concern of threat to life is not a valid and sufficient ground to transfer the Case.

The Apex Court held that without registering the complaint or without showing enough proofs related to threat of life, the Case cannot be transferred.

The Court made these observations while dealing with a Transfer Petition.

Through the Petition, the Petitioner requested the Apex Court to transfer all cases filed against him under Sections 420 and 506 of the Indian Penal Code which was pending in the Court of Chief Judicial Magistrate, Jammu.

The Petitioner requested the Court to transfer the said case to Tis Hazari Courts, Delhi stating that there is a concern of threat to life.

However, the Court refused this stating that no complaint was registered by the Petitioner regarding this matter.

 “No complaint has been lodged by the petitioner to the authorities concerned or before any Court. Mere apprehension of threat of life is not a sufficient ground to transfer a case, without lodging a complaint or substantiating the said ground,” stated the Court.

“Court does not find any ground to transfer the Complaint No. 3105 of 2021 pending in the Court of Chief Judicial Magistrate, Jammu to Tis Hazari Courts, Delhi,” added the Court.

At the end, the Apex Court dismissed the Transfer Petition.

Click here to read/download the Order

Also Read: What is a Transfer Petition?

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