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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SUMEET GOEL
Dinesh Chand Bansal – Appellant
Versus
State of Haryana – Respondent
JUDGMENT :
SUMEET GOEL, J.
1. The petition in hand has been preferred by the petitioner under Section 528 read with Section 447 of BNSS, 2023 laying challenge to the order dated 08.08.2025 (hereinafter referred to as impugned order) vide which an application preferred by the petitioner (herein) under Section 448 of BNSS, 2023 (erstwhile Section 408 of Cr.P.C.), (hereinafter referred to as application in question) for transfer of his case from the Court of current learned Presiding Judicial Officer, has been dismissed.
2. The relevant factual backdrop of the lis in hand is adumbrated thus:
(i) A criminal complaint under Section 500 IPC was filed by respondent No.2 (herein) before Judicial Magistrate, Panchkula, Haryana. The essence of the complaint, as set out in the petition, is that the complainant (respondent No.2 herein) is a well-known and respected businessman in the pharmaceutical and healthcare sector and has also served as District Governor of Rotary International, District 3080 for the year 2017–18. The complainant was unanimously nominated for the post of District Governor for the year 2017–18 and was duly appointed by Rotary International after the nomination process was fo
The apprehension of not getting a fair and impartial trial must be reasonable and not imaginary.
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.
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....
The apprehension for transfer of a trial must be reasonable and not imaginary, and the power of transfer is to be sparingly exercised. Fair justice and the independence of the judiciary are essential....
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.
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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