The High Court of Judicature at Allahabad considered a transfer application under Section 407 CrPC alleging bias and threats in a matrimonial criminal case. It held the allegations were vague and unsubstantiated, finding no reasonable apprehension of bias.
Transfer application dismissed; case to remain in the Court of Additional Sessions Judge, Bulandshahr.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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Reserved On : 19.04.2022 Delivered On : 07.05.2022
Court No. - 70
Case :- TRANSFER APPLICATION (CRIMINAL) No. - 326 of 2021
Applicant :- Salim
Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shishir Kumar Tiwari Counsel for Opposite Party :- G.A.,Rahul Singh Dahiya
Hon'ble Raj Beer Singh,J.
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Bulandshahr and he has assured the informant that in Bulandshahr no advocate would appear on behalf of applicant/ accused. On 23.10.2021 the family members of applicant tried to engage an Advocate but due to fear of informant, no advocate is ready to argue his case. On 26.10.2021 while applicant was trying to appear before the court, the informant and his family members have assaulted him and in this connection a non-cognizable report was registered. It was also stated that the family members of applicant have engaged an advocate but on next day he refused to appear in the case. It was stated that the informant and his friends have threatened the applicant that in case he tries to appear before the court, it would entail danger to his life. Learned counsel argued that in view of above stated facts and circumstances, it is necessary that the case in question be transferred from the court of Additional Sessions Judge, Court No.1, Bulandshahr to the court of some other district.
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application has been moved making thoroughly false and concocted allegations and thus, the transfer application is liable to be dismissed.
(a) that a fair and impartial inquiry or trial cannot be had in any Criminal Court subordinate thereto, or
(b) that some question of law of unusual difficulty is likely to arise, or
(c) that an order under this section is required by any provision of this Code, or will tend to the general convenience of the parties or witnesses, or is expedient for the ends of justice.
"... The law with regard to transfer of cases is wellsettled. 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 petitioner is not required to demonstrate that justice will inevitably fail. He is entitled to a transfer if he shows circumstances from which it can be inferred that he entertains an apprehension and that it is reasonable in the circumstances alleged. It is one of the principles of the administration of justice that justice should not only be done but it should be seen to be done. However, a mere allegation that there is apprehension that justice will not be done in a given
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case does not suffice. The Court has further to see whether the apprehension is reasonable or not. To judge of the reasonableness of the apprehension the state of the mind of the person who entertains the apprehension is no doubt relevant but that is not all. The apprehension must not only be entertained but must appear to the Court to be a reasonable apprehension."
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2, who is allegedly posted in court. In the similar way the name of the Advocate, who refused to appear on behalf of applicant, is also not mentioned. Merely a vague allegation has been made that no advocate is ready to appear on behalf of accused-applicant. There is nothing to show that applicant has brought any such grievance before the trial court. After considering submissions of learned counsel for the parties and perusing the record, the apprehension that has been stated is absolutely mercurial and cannot remotely be stated to be reasonable and that no case for transfer of the above case to some other district is made out.
Order Date :- 07.05.2022 A. Tripathi/Vik
Digitally signed by AKHILESH TRIPATHI Date: 2022.05.09 16:46:52 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether a transfer of trial under Section 407 CrPC is warranted given the applicant's vague allegations of bias and threat to appear.
Whether the apprehension of bias is reasonable based on the material on record.
Colour shows how this judgement treated each authority
Vijay Pal and others Vs. State of Haryana and anotherReferred¶24
Vijay Pal and others Vs. State of Haryana and another 1999 (9) SCC 67 · Who else cites this
Gurcharan Dass Chadha v. State of RajasthanExplained¶24
Gurcharan Dass Chadha v. State of Rajasthan AIR 1966 SC 1418 · Who else cites this
Abdul Nazar Madani v. State of T.NExplained¶30
Abdul Nazar Madani v. State of T.N (2000) 6 SCC 204 · Who else cites this
1 provisions across 1 enactments
Salim
State of U.P.
Raj Beer Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
