Back
RAMESH SINHA
Shubham Karosia, S/o Santosh Karosia – Appellant
Versus
State of Chhattisgarh through P. S. – Sarkanda – Respondent
ORDER :
1. Heard Mr.J.K.Gupta, learned counsel for the applicant. Also heard Mr.Nitansh Jaiswal, learned Panel Lawyer for the respondent/State.
2. The petitioner has filed this petition under Section 407 of the CrPC for transfer of Special Criminal Case (POCSO Act) No.68/2023 pending before the Special Judge (POCSO), IInd Fast Track Special Court, Bilaspur to any other Court of the District Court, Bilaspur.
3. Brief facts of the case are that an FIR was lodged on 12.04.2023 by the father of the victim for offences under Section 376(2)(n) & 313 of the IPC and Section 4 & 6 of POCSO Act against the applicant at Police Station, Sarkanda, District Bilaspur bearing Crime No. 513/2023. The applicant was arrested on 12.04.2023, he is judicial custody and Special Criminal Case (POCSO Act) No. 68/2023 between State of Chhattisgarh v. Shubham Karosia is pending before Learned Special Judge (POCSO), IInd Fast Track Special Court, Bilaspur. The statements of the prosecution witnesses were recorded by the learned Court below, but on 9.1.2024 the victim of the case has appeared before the learned trial Court and submitted her affidavit, application for no objection for grant of bail to the applican
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 main legal point established in the judgment is the distinction between transfer of investigation and transfer of a proceeding at the stage of investigation, and the exercise of inherent powers u....
Point of Law : An order of transfer is not to be passed as a matter of routine or merely because an interested party has expressed some apprehension about proper conduct of the trial. The power has t....
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.
A transfer of a criminal case under Section 407 of the CrPC requires a demonstrable and reasonable apprehension of injustice, which must be substantiated by concrete evidence rather than mere specula....
Point of Law : An order of transfer is not to be passed as a matter of routine or merely because an interested party has expressed some apprehension about proper conduct of the trial. The power has t....
Allegations of bias against a judicial officer require substantial proof; mere suspicion is insufficient to justify case transfer under Section 447 of the BNSS.
The apprehension of not getting a fair and impartial trial must be reasonable and not imaginary.
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
