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MOHD. AZHAR HUSAIN IDRISI
Sonam Rai – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
[Mohd. Azhar Husain Idrisi, J.]
1. Heard learned counsel for the revisionist and learned A.G.A. for the State.
2. As per office report dated 17.02.2023/4.3.2023, notice issued by this Court vide order dated 12.1.2023 has been served upon opposite party nos. 2 to 6 but despite service of notice, no one has appeared on their behalf. Therefore, the Court is proceeding to decide the case on merits.
3. The present transfer application has been moved under Section 407 Cr.P.C. against the opposite party nos. 2 to 6 with prayer to transfer the entire proceedings of Case No. 2554 of 2019 (Sonam Rai Vs. Rakesh Rai & others), under Sections 498-A, 323, 504, 506, 120-B IPC and Section 3/4 Dowry Prohibition Act, Police Station Tahabarpur, District Azamgarh, pending before the learned Judicial Magistrate, Azamgarh to the court of competent jurisdiction at District Mau.
4. Succinctly, the applicant's case is that applicant has filed a complaint on 27.8.2019 under Sections 498-A, 323, 504, 506, 120B IPC and Section 3/4 Dowry Prohibition Act against the opposite party nos. 2 to 6 for summoning them.
5. Since 27.8.2019 the police has not submitted any report and inspite of the statement u
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....
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.
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 criminal cases under Section 407 Cr.P.C. requires substantial grounds beyond mere convenience or apprehension; the applicant must demonstrate a reasonable basis for fearing an unfair tria....
The main legal point established in the judgment is the requirement of a reasonable apprehension for transfer under Section 407 of the CrPC, as emphasized by relevant case law.
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