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V. SIVAGNANAM
G. Raj Kumar – Appellant
Versus
State through the The Inspector of Police, Madurai – Respondent
JUDGMENT
(Prayer: Criminal Original Petition filed under Section 482 Cr.P.C. praying this Court to transfer the case in S.C.No.192/2015, pending before the learned Sessions Judge, Mahila Court, Madruai to any other Sessions Court in nearby District.)
1. This criminal original petition has been filed seeking to transfer the case in S.C.No.192/2015, pending before the learned Sessions Judge, Mahila Court, Madruai to any other Sessions Court in near by District.
2. The learned Counsel appearing for the petitioner submitted that the learned Sessions Judge, Mahila Court, Madruai, threatened the petitioner that he is going to convict him. Hence the petitioner is apprehending that he may not get a fair justice from the trial Court and he wants to transfer the case from the Court below to some other Court in another district and also raised allegations against the Judicial Officer in the affidavit.
3. The learned Government Advocate (Crl.Side) submitted that in this case, prosecution witnesses have been examined and Section 313 Cr.P.C proceedings was over and the case was posted for defence side evidence. Previously, the petitioner filed a transfer application in Crl.O.P(MD)No. 12750 of 2022.
A transfer of a case should be granted only on strong reasons, and mere presumption or possible apprehension are not sufficient grounds for transfer.
The principle that justice should not only be done but it should be seen to be done, and the threshold of reasonable apprehension of bias in a criminal case.
Mere apprehension of bias or prejudice is not sufficient to justify transfer of a case. There must be a reasonable apprehension based on concrete evidence or circumstances.
Mere apprehension of injustice is not sufficient for transferring a criminal case; there must be reasonable apprehension that the trial would be seriously undermined and justice would not be done.
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