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 exercise of power under Section 407 of Cr.P.C. Mere allegations like substantial prejudice, non- availability of the congenial atmosphere for a free trial or mere apprehension is not enough to transfer a case. A party either complainant or the accused cannot be allowed to have a forum of his own choice.

4. The scope of interference under section 482 of Cr.P.C. is very limited. This Court after careful scrutiny of the matter finds that neither any irregularity nor any illegality is found in the procedure adopted by the learned Court below.

The finding recorded by the Court below is correct, proper and legal based on proper appreciation of evidence on record and no perversity is apparent in the order passed by it.

5. In view of the above, no grounds are made out for any interference in the impugned order of Court below. Accordingly, present petition filed under Section 482 of Cr.P.C is hereby dismissed. pwn* Signature Not Verified Signed by: PAWAN KUMAR Signing time: 23-04-2024 07:43:05 PM