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N. ANAND VENKATESH
Velu Durai – Appellant
Versus
State rep. by the Inspector of Police, Royapettah Police Station, Chennai – Respondent
JUDGMENT
(Prayer: Petition under Section 407 of the Criminal Procedure Code praying to withdraw and transfer the case in S.C.No.434 of 2007 on the file of the learned First Additional Sessions Judge, Chennai to any other Sessions Court at Chennai to secure the ends of justice.)
1. This is a petition filed by the petitioner seeking for withdrawal and transfer of the case in S.C.No.434 of 2007, pending on the file of the First Additional Sessions Court, Chennai to any other Sessions Court at Chennai.
2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondent.
3. The petitioner is facing trial before the Court below for offences under Section 452, 395 and 397 of the Indian Penal Code. The prosecution had examined all the witnesses. When the case was at the stage of questioning under Section 313 of the Criminal Procedure Code (for short, the Code), the petitioner filed Crl.M.P.No.25855 of 2023 under Section 311 of the Code to recall P.W.14 for cross examination. This application came to be dismissed by the Court below by an order dated 09.10.2023.
4. According to the petitioner, P.W.14 was examined in his absence and this witnes
The discretionary authority of the criminal court under Section 311 of the Criminal Procedure Code and the factors to be considered while considering a transfer petition.
The apprehension of not getting a fair and impartial trial must be reasonable and not imaginary.
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.
The main legal principle established in the judgment is the right of the accused to a fair trial, including the opportunity to cross-examine witnesses, even in the face of difficulties in attending c....
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.
The court balanced the rights of both sides and considered the petitioner's undertaking in allowing the recall of witnesses, setting a precedent for imposing conditions for such recalls.
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 main legal point established in the judgment is that the discretionary power under Section 311 of Cr.P.C. should be exercised judiciously and for strong and valid reasons, and the petitioner's fa....
Prayer for transfer can be allowed only when there is a well-substantiated apprehension that justice will not be dispensed impartially, objectively, and without any bias.
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