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N. ANAND VENKATESH
Shri. Rajesh Das, I. P. S – Appellant
Versus
State Rep. By the Superintendent of Police-II, Egmore, Chennai – Respondent
JUDGMENT
(Prayer: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to withdraw and transfer the Criminal Appeal in C.A.No.59 of 2023 from the file of the Principal District Judge, Villupuram to any other Sessions Court in any other District.)
1. This criminal original petition has been filed seeking for the withdrawal and transfer of the case in Crl.A.No.59 of 2023 from the file of the learned Principal District Judge, Villupuram to any other Sessions Court within the same Sessions Division.
2. The petitioner faced trial in C.C.No.231 of 2021 for the offence under Section 354A(2) of IPC, Section 4 of the Tamil Nadu Prohibiton of Harassment of Women Act, 2002 and Section 341 read with 109 of IPC. The leaned Chief Judicial Magistrate at Villupuram by judgment dated 16.06.2023 convicted the petitioner for all the above offences and appropriate sentence was also imposed against the petitioner.
3. The petitioner aggrieved by the judgment of the Trial Court filed an appeal before the learned Principal District Judge, Villupuram and the same was taken on file in C.A.No.59 of 2023.
4. The petitioner has filed this transfer petition on the ground that he will
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 apprehension of not getting a fair and impartial trial must be reasonable and not imaginary.
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 court established that a mere allegation of bias or apprehension of injustice is insufficient for transferring a case; there must be reasonable and substantiated grounds for such a request.
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.
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.
Point of Law : “A basic postulate of the rule of law is that “justice should not only be done, but it must also be seen to be done.”
Transfer of a criminal trial cannot be a routinely passed order and substantial grounds, based on sufficient material, need to exist for passing such an order. The court emphasized the need for exped....
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