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MOHD. AZHAR HUSAIN IDRISI
Manju Bansal – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
1. Heard Sri V.P. Srivastava, learned Senior Counsel assisted by Sri Ritukar Gupta, learned counsel for the applicant, learned A.G.A. for the State as well as Sri Raj Kumar Kesari, learned counsel for the opposite party no.2 and perused the record.
2. The present application has been moved by the accusedapplicant Sahib Bansal (husband) under Section 407 of the Code of Criminal Procedure, 1973 seeking transfer of entire proceedings of Sessions Trial No.19 of 2020 (State Vs. Manju Bansal and others), arising out of Case Crime No.567 of 2018, under Sections 498A, 504, 506, 307, 120B I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station- Pilakhuva, District Hapur, pending in the court of Additional District & Sessions Judge/Fast Track Court, Court No.1, Hapur to any other court of competent jurisdiction of another District.
3. Succinctly, the applicant's case is that the opposite party no.2- Shivangi Bansal has lodged an F.I.R. against the applicant and his family members registered as Case Crime No.567 of 2018, under Sections 498A, 504, 506, 307, 120B I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station- Pilakhuva, District Hapur, which is registered as Se
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.
The court established that the apprehension of bias and threats to personal safety are valid grounds for transferring a case to ensure a fair trial, as per Section 407 of the Cr.P.C.
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