Back
IN THE HIGH COURT OF JAMMU AND KASHMIR AND LADAKH AT JAMMU
M.A. Chowdhary, J.
S.K. Bhalla – Petitioner
Versus
Haq Nawaz Nehru – Respondent
Tr P. (Crl) No. 11 of 2022
Decided On : 10-02-2023
Transfer of Criminal Complaint - Security Concerns - Section 500 IPC - [Section 407 Cr.P.C.] - The court considered the transfer of a criminal complaint under Section 500 IPC and the relevant provisions of Section 407 of the Cr.P.C. The petitioner sought transfer citing security concerns and inconvenience due to age and ailments. The court analyzed previous cases and held that mere apprehension of threat to life is not sufficient ground for transfer without lodging a complaint or substantiating the said ground. The court also considered the comparative convenience of the parties and found that the complainant would face more difficulty, physically and financially, to prosecute the complaint at Jammu. The petition was dismissed on both counts of security apprehension and comparative convenience.
Fact of the Case:
The petitioner, a social activist, sought transfer of a criminal complaint under Section 500 IPC from the Court of Chief Judicial Magistrate, Doda, to a Court of competent jurisdiction at Jammu citing security concerns and inconvenience due to age and ailments.
Finding of the Court:
The court found that the transfer petition failed on both counts, the apprehension of security as well as on the question of comparative convenience of the parties.
Issues: The issues involved security concerns, convenience of the parties, and the applicability of Section 407 of the Cr.P.C. for the transfer of the criminal complaint.
Ratio Decidendi: The court held that mere apprehension of threat to life is not sufficient ground for transfer without lodging a complaint or substantiating the said ground. It also considered the comparative convenience of the parties and found that the complainant would face more difficulty, physically and financially, to prosecute the complaint at Jammu.
Final Decision: The petition was found to be without any merit and substance and was dismissed, along with pending applications. Interim direction, if any, was vacated.
JUDGMENT :
M.A. Chowdhary, J.
1. Petitioner through the medium of this Criminal Transfer Application, seeks transfer of the criminal complaint No. 68/complaint titled Haq Nawaz Nehru vs. S.K. Bhalla U/S 500 IPC, pending before the Court of learned Chief Judicial Magistrate, Doda, to any other Court of competent jurisdiction at Jammu.
2. Petitioner has pleaded that he is a social activist and recognized public spirited person, who had always voiced against the injustice and evils in the society and fled various Public Interest Litigation before this Court for social cause; that he never implicates anyone without attaining the accurate documents as well as appropriate knowledge about information from reliable sources; that he on 26.07.2020 wrote a post on his Facebook handle heading thereby “two Fake RTI Activists of Doda” to which the respondent got irked and anguished of the Facebook post uncovering his evil misdemeanors and in order to defend himself from the clutches of law moved a complaint against the petitioner before the trial Court which had taken cognizance of the mater vide order dated 22.08.2020 and issued summons to the petitioner.
3. It has further been pleaded that the petitioner has his security and safety concerns as an apprehension of danger to his life in terms of litigation voiced against the land and liquor mafas, land encroachers, politicians as well as other corrupt bureaucrats who are involved in those cases/PILs. Moreso, the area is vulnerable where the action has been taken, as such, the petitioner has a risk to his safety. Petitioner further pleaded that he is enduring from several ailments due to his age and it is inconvenient for him to commute from Jammu to Doda and to have the trial conducted before the trial Court at Doda.
4. Pursuant to notice, respondent fled objections to the criminal transfer application asserting therein that the petitioner has suppressed a fact from the Court that his petition u/s 482 Cr.P.C. seeking quashment of the complaint sought to be transferred had been dismissed by this Court vide order dated 25.03.2022; that he has also concealed the fact that pursuant to summons issued by the trial Court, the petitioner had appeared before the trial Court on 15.04.2022 where he had executed undertaking to appear on each and every date of hearing; the petitioner had appeared through his counsel Advocate Ajay Thakur, who is a practicing lawyer at District Court Doda; that the petitioner under the guise of Social Activist and a Public Spirited Person is in the habit of tarnishing the image of respectable members of the society by misusing the social media platforms; that the petitioner claiming to be the Chairman of an NGO “Civil Vigilance Cell” on a daily basis, posts offensive/defamatory material against the important members of the civil society for drawing sadistic pleasure; it has also been pleaded that the petitioner had not only adopted black-mailing tactics but also tried to malice respected members of the civil society including two journalists, Kamal Rohmetra and Raj Daluja; that transfer of the petition has been opposed on the ground that the petitioner had served as Principal, Government Degree College Doda, for almost two years and he has no security concern at Doda.
5. It has been further pleaded that the respondent is suffering from heart and diabetic ailments and it is very difficult for him to attend the proceedings at Jammu; that the petitioner who claims to be the Public Spirited Person takes everything for granted and the protection of law is not available to a person who approaches the Court with unclean hands, the petitioner is in the habit of misusing the social media platform by writing defamatory posts against the respectable members of the civil society and the petitioner cannot be given a premium of having courts of his choice and finally it was prayed that the application seeking transfer of the complaint be dismissed with exemplary costs.
Mere apprehension of threat to life is not sufficient ground for transfer without lodging a complaint or substantiating the said ground. The comparative convenience of the parties is also a crucial f....
The power under Section 526 Cr.P.C should be exercised sparingly and with great circumspection, and should only be allowed when there is a well-substantiated apprehension that justice will not be dis....
The court has the power to transfer cases and appeals for the general convenience of the parties or witnesses, or if it is expedient for the ends of justice, as per Section 407 of Cr.P.C.
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.
Right of accused to a fair trial and a fair opportunity to defend himself against charges will be meaningful only when there is active participation of accused in proceedings.
Mere apprehension is not a ground for transfer; there must be reasonable apprehension that trial would be seriously undermined and justice would not be done.
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....
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
