Mandatory restoration of prematurely closed or transferred criminal proceedings

When an appellate court sets aside an improper order transferring a criminal case to another jurisdiction, necessary directions must be issued to restore the proceedings to their original file without delay. If the transferee court has closed, dismissed, or disposed of the matter due to the default or non-appearance of the complainant during the pendency of the illegal transfer, such closures are rendered non est. The transferee magistrate is under a strict legal obligation to restore the proceedings to file and immediately transmit the case records back to the original jurisdictional court. This procedural safeguard ensures that a litigant is not prejudiced or non-suited by default orders passed while the transfer itself was sub judice before higher forums. Strict timelines—such as mandating transfer back within one month—must be enforced to prevent administrative delays and restore status quo ante. Consequently, procedural technicalities created by unauthorized transfers cannot be permitted to extinguish substantive criminal complaints. (Prasanna Kasini v. The State of Telangana & Anr. | 2026 INSC 30)