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AJAI KUMAR SRIVASTAVA I
Karam Veer Singh – Appellant
Versus
State Of U. P. Thru. Secy. Home Deptt. Lko. – Respondent
JUDGMENT :
1. Heard Shri Paritosh Shukla learned counsel for the applicant, Shri Rejesh Kumar Singh, learned Additional Government Advocate-1st assisted by Shri Himanshu Suryavanshi, learned counsel for the state of U.P./opposite party no.1 and perused the record.
2. In view of the order proposed to be passed, notice to opposite party no.2 is dispensed with.
3. This transfer application u/s 407 Cr.P.C. has been moved by applicant with the prayer to transfer the Sessions Trial No.121/2016, arising out of Case Crime No.0321/2015, State vs. Anurag Singh & Ors., under Sections 147, 148, 149, 302 I.P.C., Police Station Dhammour, District Sultanpur from the court of District Judge, Sultanpur to any other competent court or any other nearby District Court.
4. The brief facts giving rise to the present transfer application are that the Sessions Trial No.121/2016, State vs. Anurag Singh & Ors., is pending in the Court of District Judge, Sultanpur. The present applicant is one of the accused, who is facing the aforesaid trial. On 05.12.2022, arguments were heard by the Court below and 15.12.2022 was fixed for delivery of judgment. In the evening of 10.12.2022, the applicant, while he was going
Transfer of criminal cases requires reasonable apprehension of bias, not mere conjecture; overheard remarks do not substantiate claims of unfairness.
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.
Mere apprehension of injustice is not sufficient for transferring a criminal case; there must be reasonable apprehension that the trial would be seriously undermined and justice would not be done.
The court may allow the transfer of a case under Section 12 of the PWDV Act when it deems it necessary in the interest of justice, considering the circumstances of the parties involved.
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....
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....
Transfer of trial should only be considered when fair justice is in peril and when there is a well-substantiated apprehension that justice will not be dispensed impartially, objectively, and without ....
The apprehension of not getting a fair and impartial trial must be reasonable and not imaginary.
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