Back
PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SUMEET GOEL
Sonalika Garg – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
Sumeet Goel, J.
1. The instant petition has been preferred by the petitioner under Section 407 read with Section 482 of Code of Criminal Procedure, 1973 for transfer of case/trial arising out of the FIR No.0125 dated 16.08.2023 registered under Sections 498-A, 323, 34 of Indian Penal Code, 1860 at Police Station city Budhlada, District Mansa, Punjab (hereinafter to be referred the 'FIR in question') to a Court of competent jurisdiction at Bathinda, Punjab.
2. The gravamen of the FIR in question pertains to the demand of dowry, harassment and cruelty being meted out to the complainant by accused-respondent Nos.2 to 5 respectively and hence an FIR ibid got registered by her. It is further the allegation that sufficient dowry was also given at the time of marriage including gold articles, cash etc.
3. Learned counsel for the petitioner has iterated that the petitioner had been maltreated by the accused/respondent No.2 to 4 (herein) on which account she was constrained to have the FIR in question registered. The parents of the petitioner are old and her father is suffering a knee ailment and there is no other adult male member in the family of the petitioner who can accompany he
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.
Transfer of trial proceedings must be based on substantial evidence of potential prejudice to a fair trial, considering the convenience of all parties involved, not just the complainant.
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....
(1) Transfer of criminal trial – Justice will not be done is a prerequisite for transfer of case – Right to a fair trial is a fundamental right under Article 21 of Constitution of India and its impor....
The apprehension of not getting a fair and impartial trial must be reasonable and not imaginary.
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
