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Supreme Court of India

Afjal Ali Sha @ Abjal Shaukat Sha v. State of West Bengal & Ors

Neutral citation
Reported as [2023] 2 S.C.R. 1090
Bench Surya Kant and J. K. Maheshwari JJ.
Decided 17 March 2023

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

What the Court ordered

We hold that the Petitioner, being the real brother of the Deceased, is vitally interested in a fair trial so that the Deceased and his family get s justice.

Judgment, page 17

From the headnote

Code of Criminal Procedure, 1973 – ss. 321, 406 – Constitution of India – Art. 139A – Supreme Court Rule s, 2013 – Or. 39 – Petitioner-brother of deceased sought tran sfer of the criminal trial pending in West Bengal to Assam – Vic tim-deceased was shot dead by unknown persons – Respondents-accu sed were charged u/s. 302 r/w s.120B of the IPC and u/ss. 25 and 27 of t he Arms Act 1959 – Charge-sheet was filed – Trial comm enced – Respondent no.2 (main accused) was in the custody – During pendency of trial, a notification issued by the State of West Bengal directing the Public Prosecutor to

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