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"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 CrPC. 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 or 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 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.