The court rejected transfer applications under Section 407 Cr.P.C. seeking relocation of criminal and civil cases from District Maharajganj, holding that apprehension of bias based on the opposing party's profession is often vague and misconceived without concrete proof.
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Neutral Citation No. - 2024:AHC:149208
Court No. - 86
1. Case :- TRANSFER APPLICATION (CRIMINAL) No. - 172 of 2024
Applicant :- Smt Ankita Gupta Opposite Party :- State Of U.P. And 5 Others Counsel for Applicant :- Vineet Kumar Singh Counsel for Opposite Party :- Akhilesh Kumar Gupta,G.A.,Rakesh Kumar Gupta
Applicant :- Ankita Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vineet Kumar Singh Counsel for Opposite Party :- Akhilesh Kumar Gupta,G.A.,Rakesh Kumar Gupta
Applicant :- Ankita Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vineet Kumar Singh Counsel for Opposite Party :- Akhilesh Kumar Gupta,G.A.,Rakesh Kumar Gupta
Hon'ble Nalin Kumar Srivastava,J.
Violence Act, P.S. Kotwali, District Maharajganj, pending before the Additional Chief Judicial Magistrate, Maharajganj to the Competent Court at any other District in the State of Uttar Pradesh and further prayer has been made to stay the further proceedings of the said cases.
Such transfer applications are now being moved in a number of cases and in most of the cases the allegations, such levelled, are vague, general in nature and without any substance. The present case also falls in the said category. I do not think that the case in hand is liable to be transferred from district Maharajganj to any other district on the grounds mentioned in the transfer application. Further, the Hon'ble Apex Court in Monica v. State of Rajasthan, AIR 2010 SC 103 has held that the apprehension of not getting a fair and impartial inquiry or trial is required to be reasonable and not imaginary, based upon conjectures and surmises. No universal or hard and fast rules can be prescribed for deciding a transfer petition which has always to be decided on the basis of the facts of each case. Convenience of the parties including the witnesses to be produced at the trial is also a relevant consideration for deciding the transfer petition. The convenience of the parties does not necessarily mean the convenience of the petitioners alone who approached the court on misconceived notions of apprehension. Convenience for the purposes of transfer means the convenience of the prosecution, other accused, the witnesses and the larger interest of the society.
Order Date :- 12.9.2024 safi
Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant's apprehension of bias due to the opposing party being a local advocate warrants transfer of cases from District Maharajganj.
Whether the transfer applications are based on reasonable grounds or vague conjectures.
Colour shows how this judgement treated each authority
Monica v. State of RajasthanRelied on¶18
Monica v. State of Rajasthan, AIR 2010 SC 103 · Who else cites this
5 provisions across 4 enactments
Smt Ankita Gupta
State Of U.P.
Ankita
State of U.P.
Nalin Kumar Srivastava
As recorded by the court registry
3 orders share this CNR
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