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AJIT BORTHAKUR
Syeeda Farhana Yasmin W/o Md. Ainul Haque Mazumdar – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
AJIT BORTHAKUR, J.
1. Heard Mr. P.P. Dutta, learned counsel for the petitioners as well as Mr. R.J. Baruah, learned Addl. P.P. Assam for the State respondent No. 1. Also heard Mr. A.K. Gupta, learned counsel for the respondent No. 2.
2. By this petition under Section 407 Cr.P.C. the petitioner has prayed for transfer of C.R. Case No. 318C/2008, pending in the Court of learned Judicial Magistrate, First Class, Tinsukia, to any competent Court within the jurisdiction of Chief Judicial Magistrate, Kamrup (M), Guwahati.
3. The petitioner’s case precisely is that based on a complaint filed by the respondent No. 2, who is a retired Head Assistant of the Office of the Chief Judicial Magistrate, Tinsukia, a case being Complaint Case No. 318C/2008 under Section 500 of the IPC was registered against both the petitioners, who are husband and wife respectively. Accordingly, after due inquiry under Sections 200 and 202 Cr.P.C. on being satisfied that there was prima facie case, took cognizance of the offence under Section 500 of the IPC and issued summons for appearance of the accused petitioners vide order, dated 03.12.2008 passed by the learned Judicial Magistrate, 1st Class, Tinsukia.
Point of Law : Only when fair justice is in peril, a plea for transfer might be considered.
The central legal point established in the judgment is that the accused cannot dictate where the case against him should be tried, and the necessity to ensure fair trial and consider the convenience ....
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.
A transfer of a case should be granted only on strong reasons, and mere presumption or possible apprehension are not sufficient grounds for transfer.
A transfer of case under Section 407 of the Cr.P.C. requires substantiated claims of bias and prior application to the Sessions Judge, which was not followed in this case.
Transfer of criminal cases requires substantial grounds; mere allegations of bias are insufficient without evidence of prejudice.
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.
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