Document Fragment View

Matching Fragments

The prayer in the present petition under Section 407 Cr.P.C. read with Section 482 Cr.P.C. is for the transfer of the proceedings arising out of case FIR No.181 dated 29.11.2020 under Sections 323, 341, 506, 148, 149, 427, 509 IPC registered at Police Station Sri Anandpur Sahib, District Rupnagar (Annexure P-1) titled as "State versus Bharat Bhushan" pending, in the Court of Dr. Sushil Bodh, Principal Magistrate, Juvenile Justice Board, Rupnagar to any other competent Court of jurisdiction outside District Rupnagar or at District Courts, SAS Nagar Mohali or at any other appropriate Forum.

8. I have heard the learned counsel for the petitioner.
9. Before proceeding further, it would be pertinent to examine the provisions of Section 407 Cr.P.C. and the relevant judgments of the Hon'ble Supreme Court and various other High Court on the issue of transfer of the cases. The said judgments are reproduced hereinbelow:-
"Section 407 Cr.P.C: Power of High Court to transfer cases and appeals.
(1) Whenever it is made to appear to the High Court-

10. The Hon'ble Supreme Court and other High Courts have dealt with the issue in hand in a number of cases and some of the relevant judgments in this regard are enumerated hereinbelow:-

The Hon'ble Supreme Court of India in the case of Ábdul Nazar Madani versus State of Tamil Nadu and another, 2000(2) RCR (Criminal) 770', has held as under:-
"7. The purpose of the criminal trial is to dispense fair and impartial justice uninfluenced by extraneous considerations. When it is shown that public confidence in the fairness of a trial would be seriously undermined, any party can seek the transfer of a case within the State under Section 407 and anywhere in the country under Section 406 of the Criminal Procedure Code 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. If it appears that the dispensation of criminal justice is not possible impartially and objectively and without any bias, before any Court on even at any place, the appropriate Court may transfer the case to another Court where it feels that holding of fair and proper trial is conducive. 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 6 of 13 CRM-M-48374-2022 (O& M) ::7::
apprehension that justice will not be done in a given case does not suffice. In other words, the court has further to see whether apprehension alleged is reasonable or not. The apprehension must not only be entertained but must appear to the court to be a reasonable apprehension.
13. Assurance of a fair trial is the first imperative of the dispensation of justice. The purpose of the criminal trial is to dispense fair and impartial justice uninfluenced by extraneous considerations. When it is shown that the public confidence in the fairness of a trial would be seriously undermined, the aggrieved party can seek the transfer of a case within the State under Section 407 and anywhere in the country under Section 406 Criminal Procedure Code However, the apprehension of not getting a fair and impartial inquiry or trial is required to be reasonable and not imaginary. Free and fair trial is sine qua non of Article 21 of the Constitution. If the criminal trial is not free and fair and if it is biased, judicial fairness and the criminal justice system would be at stake, shaking the confidence of the public in the system. The apprehension must appear to the Court to be a reasonable one".