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ARINDAM LODH
State of Tripura – Appellant
Versus
Sumit Banik – Respondent
| Table of Content |
|---|
| 1. petition to transfer case. (Para 1) |
| 2. details of case proceedings and witness availability. (Para 2 , 3 , 4 , 6) |
| 3. arguments regarding judicial conduct and adjournment. (Para 5 , 8 , 11 , 13 , 14 , 18) |
| 4. court observations on conduct and authority. (Para 7 , 9 , 10 , 12 , 17 , 19 , 20) |
| 5. ratio on transfer principles and judicial restraint. (Para 16 , 23 , 26 , 27 , 30 , 32) |
| 6. decision to transfer case and expunge remarks. (Para 33 , 34) |
JUDGMENT
1. In a peculiar circumstance, Secretary, Home Department, Government of Tripura, representing the State of Tripura has moved the instant petition under Section 407 of CrPC read with Section 482 of CrPC to withdraw and transfer case No.ST(T-1) 103 of 2019 from the Court of learned Addl. Sessions Judge, Court No.2, West Tripura, Agartala to any other Court of competent jurisdiction within West Tripura Sessions Division, and further to quash and set aside the order dated 20.12.2021 passed by learned Addl. Sessions Judge in the aforesaid case whereby the learned Addl. Sessions Judge directed (i) The State of Tripura(being represented by the Secretary, Law Department, Government of Tripura), (ii) Ld. Senior Advocate Mr. Samrat
The court emphasized judicial restraint and the necessity to avoid unfounded remarks that could damage an advocate's reputation, recognizing the reasonable apprehension of bias necessitating case tra....
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.
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.”
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....
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.
Accused have a right to represent themselves through a pleader but cannot cross-examine witnesses using non-advocates without court permission, ensuring procedural integrity.
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