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IN THE HIGH COURT AT CALCUTTA, CIRCUIT BENCH AT JALPAIGURI
UDAY KUMAR
Itu Ranu Ghosh – Appellant
Versus
State of West Bengal – Respondent
| Table of Content |
|---|
| 1. transfer application for fair trial. (Para 1 , 2 , 3) |
| 2. arguments regarding trial threats and inconvenience. (Para 4 , 6) |
| 3. court's assessment of transfer necessity. (Para 5 , 7 , 9 , 10 , 11) |
| 4. legal provisions for case transfer. (Para 8) |
| 5. judgment allowing case transfer. (Para 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22) |
JUDGMENT :
Uday Kumar, J.
1. This criminal revision application, C.R.R. No. 353 of 2023, has been preferred by the petitioners, primarily the paternal family of the deceased Lipika Ghosh, seeking the transfer of Sessions Case No. 138/2014 from the court of the Additional District Judge, 4th Court, Jalpaiguri, to any Additional District and Sessions Judge in Siliguri, falling within the sessions division of Darjeeling. The essence of their prayer is founded on grounds of ensuring a fair trial, facilitating the convenience of parties and witnesses, and ultimately upholding the ends of justice.
2. The genesis of the Sessions Case lies in the tragic demise of Lipika Ghosh on February 27, 2011, who was found hanged in her matrimonial home. Lipika, daughter of Petitioner No. 1, Smt. Itu Rani Ghosh, and Petitioner No. 2, Kalachand Ghosh, was mar
The court emphasized that witness safety and convenience are critical for a fair trial, allowing for the transfer of cases under Section 407 of the Cr.P.C. when justice is compromised.
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 established that the apprehension of bias and threats to personal safety are valid grounds for transferring a case to ensure a fair trial, as per Section 407 of the Cr.P.C.
Prayer for transfer can be allowed only when there is a well-substantiated apprehension that justice will not be dispensed impartially, objectively, and without any bias.
A mere apprehension of bias is not sufficient to warrant the transfer of a trial; substantial evidence of potential influence on the judicial process is required.
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