Back
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
V.GOPALA KRISHNA RAO
Boreddy Ramachandraiah – Appellant
Versus
State Of Andhra Pradesh – Respondent
| Table of Content |
|---|
| 1. transfer petition details and background. (Para 1 , 2 , 4) |
| 2. arguments regarding treatment by the presiding officer. (Para 5 , 6) |
| 3. conditions under which a case may be transferred. (Para 7 , 8 , 9 , 10) |
| 4. conclusion and dismissal of transfer petition. (Para 11 , 12) |
ORDER :
V. GOPALA KRISHNA RAO, J.
The petitioner herein have filed the present petition under Section 447 of B.N.S.S., Act seeking to withdraw C.C.No.85 of 2013, on the file of the Special Judge for SPE & ACB Cases, Kurnool and transfer the same to any other equivalent Court or to the Special Judge for SPE & ACB Cases, Nellore.
2. The case of the petitioner as per his affidavit in brief is as follows:
I. The respondent herein filed a charge sheet for the offences under Sections 7, 13(2) r/w 13(1)(d) of the Prevention of Corruption Act, 1988, and the same is registered as C.C.No.85 of 2013, on the file of the Special Judge for SPE & ACB Cases, Kurnool. The petitioner pleaded that the said case is pending for adjudication and it has now come up for advance evidence.
II. The petitioner further pleaded that the Special Judge for SPE & ACB Cases, Kurnool, has openly stated 74 times in open Court that “I will
Allegations of judicial bias must be substantiated by evidence; mere suspicion does not justify transferring a case.
Allegations of bias against a judicial officer require substantial proof; mere suspicion is insufficient to justify case transfer under Section 447 of the BNSS.
Transfer of criminal cases requires reasonable apprehension of bias, not mere conjecture; overheard remarks do not substantiate claims of unfairness.
The apprehension for transfer of a trial must be reasonable and not imaginary, and the power of transfer is to be sparingly exercised. Fair justice and the independence of the judiciary are essential....
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
