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ROBIN PHUKAN
Sanowar Hussain Mondal, S/o. Ajmat Ali – Appellant
Versus
State Of Assam, Rep. By The PP, Govt. Of Assam – Respondent
JUDGMENT :
Heard Mr. C.K. Baruah, learned counsel appearing for the petitioner. Also heard Mr. B. Sharma, learned Addl. P.P., Assam, appearing for the State/respondent No.1, and Mr. A. Roshid, learned counsel appearing for the respondent No.2.
2. This application, under Section 407 of the Cr.P.C. is preferred by Sanowar Hussain Mondal, for transferring of PRC Case No.431/2020, under Section 498(A) IPC, pending in the court of learned Judicial Magistrate 1st Class, North Salmora, Abhayapuri, District -Bongaigaon to the Court of learned CJM, Kamrup (M) Guwahati.
3. The factual background leading to filing of the present petition is briefly stated as under:
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.
Point of Law : Only when fair justice is in peril, a plea for transfer might be considered.
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....
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....
Transfer of criminal cases requires exceptional circumstances; mere apprehension of injustice is insufficient.
The convenience and inconvenience of the parties must be considered in transfer petitions, and the current residence and filing of cases in a particular jurisdiction can influence the decision to tra....
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