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1 - 10 of 16 (0.34 seconds)The Code of Criminal Procedure, 1973
Section 231 in The Code of Criminal Procedure, 1973 [Entire Act]
State Of U.P vs Shambhu Nath Singh And Ors on 29 March, 2001
We hope and trust that the respective
High Courts would take serious note of the above
directions issued in the decision inRaj Deo
Sharma [(1998) 7 SCC 507 : 1998 SCC (Cri)
1692 : 1998 Cri LJ 4596] which has been
extensively quoted and reiterated in the
subsequent decision of this Court in Shambhu
Nath[State of U.P. v. Shambhu Nath Singh,
(2001) 4 SCC 667 : 2001 SCC (Cri) 798] and
comply with the directions at least in the future
years.
Amarinder Singh vs Parkash Singh Badal & Ors on 14 May, 2009
11. For transfer of a criminal case, there must be a
reasonable apprehension on the part of the party to a
case that he will not get justice. It is one of the
principles of administration of justice that justice should
not only be done, it is seen to be done. Mere allegation
that there is an apprehension that justice will not be
done in a given case, does not suffice. The Court has to
see all the records and ascertain as to whether the
apprehension alleged is reasonable or not. This aspect
came up before the Hon'ble Apex Court in the case of
Captain Amarinder Singh Vs. Parkash Singh Badal
& others (cited supra), wherein at paragraphs-18 and
51, it has been observed as under:-
Nahar Singh Yadav & Anr vs Union Of India & Ors on 19 November, 2010
In the case of Nahar Singh Yadav & Another
Vs. Union of India & Others (cited supra), the Hon'ble
Apex Court has given certain guidelines to exercise the
power to transfer the criminal cases. At paragraphs-29
and 30 of the said decision, it has been observed as
under:-
Akil @ Javed vs State Of Nct Of Delhi on 6 December, 2012
In that light, the trial Court
shall proceed with the case by keeping in view the ratio
of laid down in the case of Akil @ Javed Vs. State (NCT
of Delhi) (cited supra).