Back
B. S. BHANUMATHI
Panduri Manikyala Rao – Appellant
Versus
State of Andhra Pradesh – Respondent
JUDGMENT
B.S. Bhanumathi, J. - This Transfer Criminal Petition is filed under Section 407 of the Code of Criminal Procedure, 1973, requesting to withdraw C.C. No. 417 of 2018 on the file of the Court of III Additional Metropolitan Magistrate-cum-III Additional Junior Civil Judge, at Visakhapatnam, and transfer the same to any other Court competent to try the same.
2. Heard Sri N. Ashwiani Kumar, learned counsel for the petitioners and Sri V.V. Satish, learned counsel appearing for the 2nd respondent/complainant.
3. The facts, as stated in the affidavit filed by the 2nd petitioner, on behalf of the petitioners 2 to 4, in brief, are: On 03.11.2017, all the petitioners/accused have colluded and threatened the 2nd respondent who is their father, for partition of the property, and have allegedly not allowed the 2nd respondent to enter into his house and threatened to kill him with dire consequences. The 2nd respondent herein submitted complaint, dated 03.12.2017 before the 1st respondent and the 1st respondent lodged FIR in Crime No. 493 of 2017 against the petitioners. The 1st respondent, after completion of investigation, filed charge sheet against the petitioners for the offences punish
Mere apprehension of bias or prejudice is not sufficient to justify transfer of a case. There must be a reasonable apprehension based on concrete evidence or circumstances.
Mere apprehension of injustice is not sufficient for transferring a criminal case; there must be reasonable apprehension that the trial would be seriously undermined and justice would not be done.
A transfer of a case should be granted only on strong reasons, and mere presumption or possible apprehension are not sufficient grounds for transfer.
The apprehension of not getting a fair and impartial trial must be reasonable and not imaginary.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
