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B. SYAMSUNDER
Vadlamudi Venkata Subba Rao – Appellant
Versus
State Of Andhra Pradesh – Respondent
ORDER:
I have heard both sides.
2. This Transfer Criminal Petition is filed by the petitioner/accused under Section 407 of Criminal Procedure Code (For short “Cr.P.C.”), seeking to transfer S.C.No.55 of 2013 on the file of VIII Additional District Judge, Vijayawada, to any other court other than Krishna District or to Guntur District.
3. The case of the petitioner in brief is that he is the 5th witness in S.C.No.55 of 2013 on the file of VIII Additional District Judge, Vijayawada, wherein respondent Nos.2 to 16 are arrayed as an accused.
4. Learned counsel for the petitioner would submit that respondent Nos.4, 5, 6, 8 & 10/ A-4, A-5, A-6, A-8 & A-10 are died.
5. Learned counsel for the petitioner would submit that the petitioner is the father of the deceased and filed the present petition due to the attitude of the Presiding Officer of the VIII Additional District Judge at Vijayawada.
6. It is the contention of the petitioner that there is a reasonable apprehension that he may not get justice in the present Court, presided by the Presiding Officer, as he is speaking irrelevant and making prejudicial comments from the bench addressing the prosecution and also the defense counsel. The peti
Transfer of criminal cases requires reasonable apprehension of bias, not mere conjecture; overheard remarks do not substantiate claims of unfairness.
Merely alleging bias or requesting adjournments without substantial evidence is insufficient for transferring criminal cases under Section 407.
The court established that a mere allegation of bias or apprehension of injustice is insufficient for transferring a case; there must be reasonable and substantiated grounds for such a request.
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