Back
BANDARU SYAMSUNDER
Maddipoti Venkata Satya Ramu M. V. S. Ramu – Appellant
Versus
State Of Andhra Pradesh – Respondent
ORDER :
1. This Transfer Criminal Petition is filed by the petitioners under Section 407 of Code of Criminal Procedure (in short “Cr.P.C.”) seeking transfer of C.C.No.302 of 2015 on the file of Judicial First-Class Magistrate, Kothapeta, East Godavari District to any other competent Court in another District.
2. The case of the petitioners in brief is that respondent No.2 filed a complaint before the Ravulapalem Police Station against the petitioners herein which is registered as FIR No.03 of 2013 dated 05.01.2013 alleging that Managing Director of M/s. Soubhagya Projects Pvt. Ltd., and others committed offences punishable under Sections 406, 409, 417 and 471 read with Section 34 of the Indian Penal Code. They submit that as per allegation in the complaint, respondent No.2 is the Managing Director of M/s. Soubhagya Projects Pvt. Ltd., which is incorporated on 19.04.1988, engaged in the business of infrastructure development who appointed M/s. JBRK & Co., a Chartered Accountants firm as its auditors on 30.08.2008 for the financial year 2007- 2008 and Sri M.V.S. Ramu, i.e. the 1st petitioner herein and Mr. J. Praveen, are Chartered Accountants and partners of the firm. Respondent No.2
The main legal point established in the judgment is that the reasonable apprehension of danger and influence on witnesses can constitute grounds for transferring a criminal case, as provided under Se....
The main legal point established in the judgment is the requirement of a reasonable apprehension for transfer under Section 407 of the CrPC, as emphasized by relevant case law.
The convenience and inconvenience of the parties must be considered in transfer petitions, and the current residence and filing of cases in a particular jurisdiction can influence the decision to tra....
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.
Personal inconvenience or threats may not be sufficient grounds for transferring cases, and evidence of ongoing threats is crucial in such decisions.
The court established that the transfer of criminal cases under Section 407 of the Cr.P.C. requires exceptional circumstances, which were not present in this case.
The principle that justice should not only be done but it should be seen to be done, and the threshold of reasonable apprehension of bias in a criminal case.
Transfer of criminal cases requires reasonable apprehension of bias, not mere conjecture; overheard remarks do not substantiate claims of unfairness.
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
