LEGAL ISSUE: Withdrawal of Transfer Petition. CASE TYPE: Criminal. Case Name: Preeti Alok Singh vs. Alok Anil Singh & Ors. [Judgment Date]: 18 November 2021
Date of the Judgment: 18 November 2021
Citation: Not Available
Judges: Justice Vikram Nath
Can a petitioner withdraw a transfer petition filed before the Supreme Court? The Supreme Court recently addressed this question in a case involving a matrimonial dispute. This judgment clarifies the procedure for withdrawing such petitions, providing a clear path for parties seeking to discontinue their legal proceedings before the apex court. The case involved a transfer petition filed by Preeti Alok Singh against Alok Anil Singh and others. The judgment was delivered by a single judge bench of Justice Vikram Nath.
Case Background
The case involves a transfer petition filed by Preeti Alok Singh. The specific details of the matrimonial dispute are not provided in the source document. However, the petitioner, Preeti Alok Singh, sought to withdraw the transfer petition. The application for withdrawal was supported by an affidavit stating the facts of the case.
Timeline
| Date | Event |
|---|---|
| 18 November 2021 | Supreme Court allows the withdrawal of the Transfer Petition and dismisses the case. |
Course of Proceedings
There is no mention of any lower court proceedings in the source document. The case directly came before the Supreme Court as a transfer petition.
Legal Framework
The source document does not cite any specific legal provisions. The judgment primarily deals with the procedural aspect of withdrawing a transfer petition.
Arguments
The petitioner, Preeti Alok Singh, filed an application (I.A. No. 129098 of 2021) seeking to withdraw the transfer petitions. This application was supported by an affidavit which stated the facts related to the withdrawal. The respondent did not raise any objection to the withdrawal.
| Petitioner’s Submission | Respondent’s Submission |
|---|---|
| ✓ The petitioner sought to withdraw the transfer petition. | No submissions were made by the respondent. |
Issues Framed by the Supreme Court
The Supreme Court did not explicitly frame any issues. However, the implicit issue was whether the petitioner should be allowed to withdraw the transfer petition.
Treatment of the Issue by the Court
| Issue | Court’s Decision |
|---|---|
| Whether the petitioner should be allowed to withdraw the transfer petition? | The Court allowed the withdrawal of the transfer petition and dismissed the case. |
Authorities
No authorities (cases or legal provisions) were cited in the source document.
| Authority | How the Authority was Treated |
|---|---|
| None | Not Applicable |
Judgment
| Party Submission | Court’s Treatment |
|---|---|
| Petitioner’s request to withdraw the transfer petition. | The Court allowed the withdrawal and dismissed the transfer petition. |
No authorities were cited.
What weighed in the mind of the Court?
The Court’s decision was primarily based on the petitioner’s request to withdraw the transfer petition supported by an affidavit. The court did not delve into the merits of the case, and simply allowed the withdrawal of the petition.
| Reason | Percentage |
|---|---|
| Petitioner’s request to withdraw | 100% |
| Category | Percentage |
|---|---|
| Fact | 100% |
| Law | 0% |
The Court did not consider any alternative interpretations as the petitioner sought to withdraw the petition, and the court accepted it.
The Supreme Court allowed the withdrawal of the transfer petition based on the petitioner’s application and affidavit.
The judgment states: “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.”
The judgment concludes: “Accordingly, I.A. No. 129098 of 2021 is allowed and the Transfer Petitions stand dismissed as withdrawn.”
There were no dissenting opinions.
The implications for future cases are that the Supreme Court will allow the withdrawal of transfer petitions when requested by the petitioner, provided that the request is supported by an affidavit.
No new doctrines or legal principles were introduced in this judgment.
Key Takeaways
- ✓ A petitioner can withdraw a transfer petition filed before the Supreme Court.
- ✓ The withdrawal application must be supported by an affidavit stating the reasons for the withdrawal.
- ✓ Upon allowing the withdrawal, the transfer petition is dismissed.
Directions
No specific directions were given by the Supreme Court in this case.
Specific Amendments Analysis
There is no discussion of any specific amendments in this judgment.
Development of Law
The ratio decidendi of this case is that a petitioner can withdraw a transfer petition with the permission of the court, provided it is supported by an affidavit. There is no change in the previous position of law.
Conclusion
The Supreme Court allowed the withdrawal of the transfer petition filed by Preeti Alok Singh, thus dismissing the case. The decision was based on the petitioner’s application and supporting affidavit, without any further legal analysis or consideration of the merits of the case.