IMPORTANT POINTS
Cases can be transferred only on reasonable apprehension of not getting fair trial. Convenience of a party may be one of the relevant considerations, but it cannot override all other considerations such as the availability of witnesses exclusively at the original place.

JUDGMENT

Navin Sinha, J.

TRANSFER PETITION (CRL.) NOs.254-255 OF 2017

The present application seeks transfer of F.I.R. No.351 of 2016 under Sections 354, 354A, 323, 506, 509 of the Indian Penal Code (IPC) registered at the Tilak Marg Police Station, New Delhi, and F.I.R. No.1742 of 2016 under Sections 379, 323, 376, 354, 506, 420, IPC before the Indirapuram Police Station, District Ghaziabad (Uttar Pradesh), registered on complaints lodged by the petitioner against respondents nos. 2 to 4, to the court of competent jurisdiction at Mumbai, Maharashtra.

2. The petitioner, who appears in person, submits that she is a permanent resident of Mumbai and is a practicing Advocate before the Mumbai High Court. Her case was not being investigated by any police officer of New Delhi despite her written complaint to the Joint Commissioner of Police dated 15.07.2017 and meeting with the Commissioner of Police, Deputy Commissioner of Police and the Assistant Commissioner of Police. She fears that investigation may not be done fairly. She has been receiving threats from the accused persons and was finding it difficult to pursue matters in Delhi as her professional engagements in Mumbai were also suffering because of the same. The investigation in the FIRs is thus sought to the transferred to the court of competent jurisdiction at Mumbai.

3. Respondent no.2 has filed a counter affidavit that the petitioner has also lodged F.I.R. No.331 of 2016 under section 354-B, IPC, against one Shri Ram Chander, Auto Rickshaw Driver at Delhi, and F.I.R. No.CD-PG-000260 of 2016 under Section 380 IPC, against the staff of Hotel Prince, Pahar Ganj, New Delhi. Opposing the transfer petitions, it is submitted that the accused and the prosecution witnesses are all situated in Delhi. The respondent who is also an advocate practicing at Delhi would likewise be hindered in his professional engagements for like reasons, if the cases are transferred to Mumbai.

4. We shall notice the facts of the case only to the extent necessary for purposes of the present order so as not to prejudice the case of either party. The rejoinder by the petitioner does not dispute the institution of other FIRs by her at Delhi. The records reveal that investigation has been completed in both the present FIRs which are the subject matter of transfer, and separate charge sheets have been filed before the court of competent jurisdiction. If the petitioner has any grievance with regard to the investigation, the remedy lies in filing an appropriate application under the Code of Criminal Procedure before the court concerned, and any such application, if filed, has to be considered on its own merits by the concerned court in accordance with law.

5. Likewise, if the petitioner faces or is apprehensive for her safety in pursuing her complaints at Delhi, sufficient remedies are available to her under the law. Any such application, if filed, before the concerned court or the police, has to be dealt with on its own merits in accordance with law.

6. The only surviving issue left is with regard to the inconvenience, as alleged, that may be caused to the petitioner in pursuing her cases before the competent court at Delhi affecting her professional engagements at Mumbai and requiring her to travel to Delhi.

7. In Gurcharan Das Chadha v. State of Rajasthan, (1966) 2 SCR 678, dealing with the issue for transfer of a case, it was observed:

"13....The law with regard to transfer of cases is well-settled. A case is transferred if there is a reasonable apprehension on the part of a party to a case that justice will not be done. A petitioner is not required to demonstrate that justice will inevitably fail. He is entitled to a transfer if he shows circumstances from which it can be inferred that he entertains an apprehension and that it is reasonable in the circumstances alleged. It is one of the principles of the administration of justice that justice should not only be done but it should be seen to be done. However, a mere