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Rekhala Bhaskar vs Naragoni Sivaprasad And 3 Others on 25 November, 2020 cites

Maneka Sanjay Gandhi And Anr vs Rani Jethmalani on 23 November, 1978

8. A three Judge Bench of Apex Court in Maneka Sanjay Gandhi Vs. Rani Jethmalani1 had an occasion to deal with the scope and ambit of transfer of criminal cases under Section 406 of Cr.P.C., and held that assurance of a fair trial is the first imperative of the dispensation of justice and the central criterion for the court to consider when a motion for transfer is made is not the hypersensitivity or relative convenience of a party or easy availability of legal services or like mini grievances. Something more substantial, more compelling, more imperiling, from the point of view of public justice and its attendant environment, is necessitous if the Court is to exercise its power of transfer. This is the cardinal principle although the circumstances may be myriad and vary from case to case. In view of the above principle laid down by the Apex Court, the grounds raised by the petitioner for transfer of appeal cannot be considered. The petitioner failed to make out any ground much less substantial grounds for transfer of the criminal appeal from one Court to other. Granting short dates/adjournments by the appellate Court is not a ground to transfer the appeal. In fact, the petitioner herein has filed the appeal and therefore he is expected to pursue the appeal in speedy disposal. Instead, he has filed 1 AIR 1979 SC 468 6 the present petition seeking to transfer. However, the appellate Court is hearing the matter virtually, and if the petitioner or his counsel having any difficulty, the same can be brought to the notice of the appellate Court. Instead of doing so, the petitioner has filed the present petition alleging motives including favoritism to the appellate Court. The petitioner herein failed to substantiate the said contentions. The other allegations are general in nature.
Supreme Court of India Cites 2 - Cited by 665 - V R Iyer - Full Document
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