Insights: The decision emphasizes that the standard for transferring a case hinges on the reasonableness of the apprehension, not just the existence of suspicion or allegation Y. Sampangi, Bangalore VS State of Karnataka, rep. by Addl. Director General of Police, Bangalore - Karnataka, R. Aniteen Princey VS Inspector of Police, Vadaseri Police Station - Madras.
Analysis and Conclusion:
Learned Senior counsel would refer to the decision of the Honourable Apex Court in Gurucharan Dass Chadha v. State of Rajasthan 1966 Crl.L.J. 1071 wherein it is observed as follows: ... "13.
The Apex Court held in the matter of Gurucharan Dass Chadha v. State of Rajasthan1 that a case is transferred if there is a reasonable apprehension on the part of a party to a case that justice will not be done.
Learned counsel for the petitioner in support of his submission has placed reliance on the following observations made by this Court in Gurucharan Dass Chadha v.
The Apex Court held in the matter of Gurucharan Dass Chadha v. State of Rajasthan that a case is transferred if there is a reasonable apprehension on the part of a party to a case that justice will not be done.
This was broadly the ratio in the case of Gurcharan Dass Chadha (supra). ... State of Uttarakhand [(2020) SCC Online SC 845] and an earlier decision of this Court in the case of Gurcharan Dass Chadha vs. ... The petitioner’s case of possible tainted trial is unfounded and does not meet the standard laid down in the cases of Gurucharan Dass Chadha (supra) and Umesh Kumar Sharma (supra). I cannot come to a conclusion that justice woul....
The Apex Court in the case of Gurucharan Dass Chadha vs. State of Rajasthan, AIR 1966 SC 1418 had opined that a case is transferred if there is a reasonable apprehension on the part of a party to a case that justice will not be done.
... (a) In the case of Gurucharan Dass Chadha vs. ... The first one, is the decision of the Hon’ble Apex Court in the case of Gurucharan Dass Chadha vs. State of Rajasthan, reported in AIR 1966 SC 1418 and the next one in the case of Maneka Sanjay Gandhi & Anr. Vs. Ms.
... iv) AIR 1966 1418, SC 1418 GURUCHARAN DASS CHADHA Vs. STATE OF RAHASTHAN “(D) Criminal P.C. (1898) S.527-Gounds for transfer-Mere allegation that there is apprehension that justice will not be done not sufficient-Apprehension must appear to court to be reasonable.”
J. 1071) Gurucharan Dass Chadha v. State of Rajasthan where it has been observed by the Supreme Court that a reasonable apprehension in the mind of the party is sufficient for transfer of a case.
At this stage, it would be relevant to reproduce what the Supreme Court has observed in Gurucharan Dass Chadha Vs State of Rajasthan, AIR 1966 Supreme Court 1418, in paragraph 13 of the Judgment, in respect of the law with regard to transfer of cases.
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