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A. V. RAVINDRA BABU
Mula Chandrakala – Appellant
Versus
State of Andhra Pradesh – Respondent
JUDGMENT
A.V. Ravindra Babu, J. - This Transfer Criminal Petition is filed by the petitioner, who is the accused in C.C.No.65 of 2017, on the file of III Additional Junior Civil Judge, Visakhapatnam, with a prayer to transfer the same to any other competent Court at Visakhapatnam, to conduct the proceedings under Section 138 of Negotiable Instruments Act.
2. At the outset, this Court would like to make it clear that the narration of facts in the affidavit enclosed to the petition are ill-drafted with all defective sentences, etc. However, this Court made an effort to know the case of the petitioner, as such, the case of the petitioner as understand by the Court by going through the averments of the affidavit which are ill-drafted is as follows:
The petitioner is facing trial in C.C.No.65 of 2017 under Section 138 of Negotiable Instruments Act. At one occasion she could not attend due to ill-health. She instructed her counsel to file the petition under Section 317 of Code of Criminal Procedure ('Cr.P.C.' for short). As her counsel was busy, he entrusted the same to another Advocate. In the meantime, Court issued Non-Bailable Warrant against her. Her Advocate filed a petition to recall
The court's decision emphasized that the absence of justifiable grounds for transfer, the presiding officer's judicial conduct, and the petitioner's own actions influenced the dismissal of the transf....
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.
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