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RAJESH SINGH CHAUHAN
Shambhu Nath Singh @ Deepu Singh – Appellant
Versus
State of U. P. – Respondent
JUDGMENT
Rajesh Singh Chauhan, J.
Heard Sri Jyotindra Mishra, learned Senior Advocate assisted by Sri Ashish Kumar Singh, learned counsel for the petitioner, learned Additional Government Advocate for the State and Sri Naved Ali, learned counsel for the opposite party No.2.
2. A detailed order has been passed today i.e. 20.01.2023 in the connected application bearing TRANSFER APPLICATION (Criminal) No.124 of 2022 filed under Section 407 Cr.P.C., which reads as under:-
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 of not getting a fair and impartial trial must be reasonable and not imaginary.
Transfer of criminal cases under Section 407 Cr.P.C. requires reasonable apprehension of bias, not mere allegations.
Point of Law : “A basic postulate of the rule of law is that “justice should not only be done, but it must also be seen to be done.”
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.
Modification/recall of Order passed by Supreme Court in Transfer Petition (Criminal) – Any application filed on pretext of ‘clarification/addition’ while evading recourse of review, ought not to be e....
Point of Law : Removal and discharge of prisoners - There is no doubt that fundamental right of an under-trial prisoner under Article 21 of Constitution is not absolute. His rights of visitations as ....
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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