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NALIN KUMAR SRIVASTAVA
Dinesh Kumar – Appellant
Versus
State of U.P. – Respondent
| Table of Content |
|---|
| 1. transfer application filed under section 407 cr.p.c. (Para 1 , 2) |
| 2. opposition to the transfer application by respondents. (Para 3 , 4) |
| 3. court's skepticism toward transfer application. (Para 5 , 6 , 7) |
| 4. judicial integrity and public perception. (Para 8 , 9) |
| 5. tests for reasonable apprehension in transfer petitions. (Para 10 , 11 , 12 , 13) |
| 6. transfer application rejected. (Para 15) |
JUDGMENT :
Nalin Kumar Srivastava, J.
1. Heard Shri Manoj Kumar Yadav, learned counsel for the applicant, Shri Rajendra Babu Gaur, learned counsel for the opposite party no. 2 and the learned AGA for the State.
2. This is an application filed under Section 407 Cr.P.C. seeking transfer of the proceedings of Session Trial No. 351 of 2015, arising out of case crime no. 256 of 2014, under Sections 307 , 504, 506 IPC, Police Station-Hasayan, District-Hathras pending in the Court of Additional District and Sessions Judge-Ist Hathras to any other competent Court in the same district.
3. It is submitted by the learned counsel for the applicant that on 18.7.2024 when the applicant/informant came to the Court at Hathras for pairvi of his case he saw the accused/opposite party nos. 2 and 3 coming ou
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.
The apprehension of not getting a fair and impartial trial must be reasonable and not imaginary.
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....
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