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SANDEEP MOUDGIL
Charanjit Singh Sharma – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
(Sandeep Moudgil, J.) :
The jurisdiction of this Court has been invoked under Section 407 CrPC for transfer of case FIR No.130 dated 21.10.2015 under Sections 302, 307, 34, 201, 218, 120-B IPC and Sections 25 & 27 of Arms Act, 1959 registered at Police Station Bajakhana, District Faridkot (Annexure P2) now pending in the Court of Sessions Judge, Faridkot, to the Court of competent jurisdiction outside the District Faridkot, preferably in the State of Haryana or UT Chandigarh.
2. The issue involved in the present case i.e. violence at Bargari following alleged sacrilege of Sri Guru Granth Sahib, is that whether the petitioner has been able to make out a ground that there is no congenial atmosphere at Faridkot to conduct fair and impartial trial and therefore, the trial of the subject FIR needs to be transferred outside Faridkot?
3. Brief facts involved in the present case cynosures the incidents of sacrilege of Sri Guru Granth Sahib as sell as theft of the Holy Granth Sahib from Gurudwara Burj Jawahar Singh Wala, District Faridkot in relation to which, an FIR No.63 dated 02.06.2015 under Section 295-A-380 IPC was registered at P.S. Bajakhana against unknown persons in thi
A fair trial requires a congenial atmosphere; if such conditions are absent, transfer of the case is warranted to uphold justice.
Transfer of trial under Section 407 of Cr.P.C. requires substantiation of reasonable apprehension of unfair trial, considering the convenience of all parties involved.
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....
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.
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....
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