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SHAMPA DUTT (PAUL)
Pinaki Singha – Appellant
Versus
Mousumi Besra – Respondent
JUDGMENT :
Shampa Dutt (Paul), J.
1. The present revision has been preferred praying for transfer of the proceedings in Sessions (Spl.) Case No. 37/2019 pending before the learned Additional District and Sessions Judge, Raghunathpur, Purulia to any other Court in Asansol. The Sessions (Spl.) Case No. 37/2019 against the petitioner is registered under Section 8 of the POCSO Act, 2012 and Section 3(xi) of the SC & ST (Prevention of Atrocities) Amendment Act, 2015 in Neturia P.S. Case No. 92/2019 dated 27.07.2019. The case is fixed for evidence.
2. There are 9 witnesses including the victim.
3. The petitioner/accused’s (in Sessions Case) wife has registered the present case being no. 135/2019 dated 17.11.2019 under Sections 341/147/148/323/325/379 of IPC against the victim’s (in Sessions Case) father and others alleging assault and receiving bleeding injuries and theft of his personal belonging.
4. Thus apprehending further attack the petitioner has preferred the present revision.
5. Injury report at page 42 of the case diary in Neturia P.S. Case No. 135/2019 dated 17.11.2019 is in respect of an incident dated 27.07.2019. Neturia P.S. Case No. 92/2019 (Sessions Case) in which the peti
Transfer of trial should only be considered when fair justice is in peril and when there is a well-substantiated apprehension that justice will not be dispensed impartially, objectively, and without ....
The court may allow the transfer of a case under Section 12 of the PWDV Act when it deems it necessary in the interest of justice, considering the circumstances of the parties involved.
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.
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.
Transfer of criminal cases requires reasonable apprehension of bias, not mere conjecture; overheard remarks do not substantiate claims of unfairness.
The apprehension of not getting a fair and impartial trial must be reasonable and not imaginary.
Transfer of criminal cases under Section 407 Cr.P.C. requires substantial grounds beyond mere convenience or apprehension; the applicant must demonstrate a reasonable basis for fearing an unfair tria....
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