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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SUMEET GOEL
Varun Rohilla – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
Sumeet Goel, J.
1. Present criminal miscellaneous petition on behalf of the accused is filed, seeking transfer of case bearing FIR No.90 dated 06.08.2017, registered under Sections 406/498-A of the IPC at Police Station City-II, Abohar, District Fazilka, Punjab, from Abohar to Chandigarh or any other District in State of Haryana.
2. Facts germane to the adjudication of the present case are that the marriage of the petitioner was performed with the sister of the complainant on 25.11.2008. After marriage, the parties were living at Bahadurgarh, District Jhajjar, Haryana. A female child was born out of their wedlock on 09.08.2010. Due to disputes between the couple the wife of the petitioner along with her minor daughter came to her parental home in Abohar, District Fazilka, Punjab. The wife of the petitioner made a complaint against the petitioner and her in-laws on 09.02.2017, in the office of DSP Abohar. The wife of the petitioner was diagnosed with blood cancer and was shifted to AIIMS, New Delhi on 15.02.2017, where unfortunately she died on 14.03.2017. The above-mentioned FIR subject matter of the present petition, was lodged against the petitioner in pursuance of the co
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.
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.
The Court established that the balance of convenience is a critical factor in transferring cases under Section 24 of the CPC, prioritizing the plaintiff's right to choose a suitable forum.
Transfer of criminal cases requires substantiation of threats; mere inconvenience or health claims are insufficient for relocation.
The main legal point established in the judgment is that allegations of intimidation and hostile treatment must be supported by evidence to warrant the transfer of a case. The court also considered t....
Transfer of divorce proceedings must be substantiated with credible evidence and convenience considerations recognize the wife's situation in marital matters.
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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