Indian Kanoon - Search engine for Indian Law

1. The petitioner, who is the father of the victim, has filed this petition under section 407 read with section 482 of the Code of Criminal Procedure, 1973 (in short „the code‟) seeking transfer of the case vide FIR No.308/2012 dated 03.11.2012 under section 498A/406/34 of the IPC registered at PS Palam Village pending trial before the Court of Ms. Purva Sareen, Mahila Courts, Dwarka to the Court of Learned ASJ (North-West), Rohini for simultaneous disposal with the case registered vide FIR No.414/14 under section 498-A/304B/302/34 IPC registered at PS Adarsh Nagar.

7. The power of the High Court to transfer cases and appeals is given under Section 407 of the code. It would be profitable to reproduce Section 407 herein:

"407.Power of High Court to transfer cases and appeals.-

(1) Whenever it is made to appear to the High Court-

(a) that a fair and impartial inquiry or trial cannot be had in any Criminal Court subordinate thereto, or

(8) When the High Court orders under sub-section (1) that a case be transferred from any Court for trial before itself, it shall observe in such trial the same procedure which that Court would have observed if the case had not been so transferred. (9) Nothing in this section shall be deemed to affect any order of Government under section

197."

8. The Hon'ble Supreme Court in Abdul Nazar Madani v. State of T.N., (2000) 6 SCC 204 while laying down the scope of the High Court‟s power under Section 407 to transfer criminal cases 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 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.