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SANJAY KUMAR SINGH
Ram Hari Sharma – Appellant
Versus
State of U. P. – Respondent
JUDGMENT
Sanjay Kumar Singh, J.
Heard Mr. Pankaj Shukla, learned counsel for the applicant, Mr. Kapil Deo Yadav, learned Additional Government Advocate assisted by Ms. Pratiksha Rai, learned Brief Holder for the State of U.P./opposite party no.1 as well as Mr. Swetashwa Agarwal, learned counsel appearing on behalf of opposite party Nos. 2 to 17 and perused the record.
2. This transfer application Under Section 407 Cr.P.C. has been moved by the applicant with a prayer to transfer the Session Trial No. 311 of 2017 (State v. Devendra Agarwal and others), arising out of Case Crime No. 18 of 2017, under Sections 147, 148, 149, 307, 302, 427, 325 IPC., Police Station Sahpau, District Hathras, pending before the Special Court (MP/MLA), Hathras, from District Hathras to any other district.
3. Brief facts of the case which are required to be stated are that the applicant Ram Hari Sharma lodged a first information report on 08.02.2017 with regard to an incident which took place on the same day i.e. on 08.02.2017 for the alleged offence under Sections 147, 148, 149, 307 302 and 427 I.P.C. against Devendra Agarwal (MLA Samajwadi Party), Atul Agarwal, Chandan Agarwal, Rakesh Agarwal, Vinit Gupta
Transfer of criminal cases under Section 407 Cr.P.C. requires reasonable apprehension of bias, not mere allegations.
The main legal point established in the judgment is that allegations of intimidation and hostile treatment must be supported by evidence to warrant the transfer of a case. The court also considered t....
The apprehension of not getting a fair and impartial trial must be reasonable and not imaginary.
Allegations of bias against a judicial officer require substantial proof; mere suspicion is insufficient to justify case transfer under Section 447 of the BNSS.
A transfer of case under Section 407 of the Cr.P.C. requires substantiated claims of bias and prior application to the Sessions Judge, which was not followed in this case.
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.
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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