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2024 Supreme(Online)(MP) 28896

HIGH COURT OF MADHYA PRADESH
Hemant@Banshi Rathore – Appellant
Versus
Sadhana Rathore – Respondent


Advocates:
Rinku Rathour,

ORDER

The present petition was initially filed under Section 482 of Cr.P.C against the order dated 04.03.2024 passed by the Sessions Judge, Morena in Criminal Revision No.156 of 2024 whereby the order dated 29.11.2023 passed by the CJM, Morena in Case No.367 of 2023 (MJCR) by which the application filed by the petitioner under Section 410 of Cr.P.C for transfer of the case was rejected. It appears from the cause title that Section 482 of Cr.P.C was subsequently scored off and was substituted by Section 407 of Cr.P.C.

2. It is pertinent to note that for the relief claimed by the petitioners, (MILIND RAMESH PHADKE) JUDGE Section 407 of Cr.P.C. contains an important provision of law for transfer of cases only when one or more of these five conditions are fulfilled, that is:-

    (a) A fair and impartial inquiry or trial cannot be had in any Criminal Court subordinate thereto.
    (b) Some question of law of unusual difficulty is likely to arise.
    (c) An order under this section if required by any provision of this Code.
    (d) It will tend to the general convenience of the parties or witnesses.
    (e) It is expedient of the ends of justice.

3. The assurance of a fair trial is the main criteria for

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