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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
RAMESH SINHA, CJ
Chandrashekhar Agrawal, S/o Ganesh Prasad Agrawal – Appellant
Versus
State Of Chhattisgarh – Respondent
ORDER :
Ramesh Sinha, CJ.
1. Heard Mr. Kishore Bhaduri, learned Senior Advocate assisted by Mr. Kishore Narayan, learned counsel for the petitioner. Also heard Mr. Jitendra Sharma, learned Government Advocate, appearing for the State/respondent Nos. 1 & 2, Mr. Goutam Khetrapal, learned counsel, appearing for respondent No.3, Mr.Arvind Prasad, learned counsel, appearing for respondent Nos.4 & 5 and Mr. Pragalbha Sharma, learned counsel, appearing for respondent Nos. 6 & 7.
2. The instant petition U/s 447 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (for short, ‘BNSS’) has been preferred by the petitioner for transfer of a Criminal Trial titled “State Vs. Dileshwar Sahu & Others”, Criminal Special Atrocities Case No. 46/2023 pending before the Court of Special Judge, SC/ST (Prevention of Atrocities) Act, Raipur (C.G.) (for short, ‘Special Judge’) to any other Competent Court within the District of Raipur or any other competent Court of any other nearby District within the State of Chhattisgarh on the ground that the learned Special Judge is having personal bias against the petitioner and upon his instruction, the petitioner has been falsely implicated in the present case.
3. Case of th
Allegations of bias against a judicial officer require substantial proof; mere suspicion is insufficient to justify case transfer under Section 447 of the BNSS.
Point of Law : “A basic postulate of the rule of law is that “justice should not only be done, but it must also be seen to be done.”
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....
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 apprehension of not getting a fair and impartial trial must be reasonable and not imaginary.
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....
Transfer of a criminal trial cannot be a routinely passed order and substantial grounds, based on sufficient material, need to exist for passing such an order. The court emphasized the need for exped....
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