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2018 DIGILAW 554 (SC)

PRADEEP KUMAR GUPTA v. CENTRAL BUREAU OF INVESTIGATION (C. B. I. )

2018-04-03

R.BANUMATHI, RANJAN GOGOI

body2018
ORDER : 1. Heard the learned counsels for the parties. 2. By this transfer petition, the accused petitioner seeks transfer of a proceeding under the Prevention of Corruption Act (i.e. Special Case No.01/2011, titled as “CBI Vs. Pradeep Kumar Gupta” arising out of F.I.R. No.RCO102010A0013 dated 21.4.2010) presently pending in the court of 3rd Special Judge (CBI) Bankshali, Kolkata, West Bengal to a Special CBI Court in Delhi. The principal ground on which the transfer has been sought for is that though the accused petitioner had visited the State of West Bengal in connection with the trial on as many as 33 occasions not much progress has been made and, therefore, the proceedings may be transferred to Special CBI Court at Delhi. 3. On due consideration we are of the view that the above may not constitute a sufficient basis for granting the relief sought for inasmuch as the trial appears to have made some progress though the learned counsels for the parties are not in a position to indicate the precise stage thereof. 4. Be that as it may, taking into account the fact that majority of the witnesses, yet to be examined, are from the State of West Bengal we decline the prayer for transfer but direct the learned trial Court to expedite the trial. We also leave it open for the accused petitioner to file an application seeking exemption from personal appearance which application as and when filed will be considered by the learned trial Court in accordance with law having regard to the relevant facts and circumstances as may be stated therein. 5. With the aforesaid observations the present transfer petition is dismissed.