Rejection Of Application By Court Can't Be A Ground To Transfer Criminal Case From That Court To Another: Allahabad High court

The Allahabad High Court has observed that merely because an application of the applicant was rejected by the trial Court, it cannot be a ground to transfer a case from that Court to another.

The Bench of Justice Raj Beer Singh observed thus while taking into account the mandate of Section 407 Cr.P.C which deals with the power of the High Court to transfer cases and appeals.

The Court observed that Power under Section 407 Cr.P.C. can be exercised by this Court where it is made to appear:

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

(b) that some question of law of unusual difficulty is likely to arise, or

(c) that an order under this section is required by any provision of this Code, or will tend to the general convenience of the parties or witnesses, or is expedient for the ends of justice.

The case in brief 

In the instant case, one Suresh Chandra Tripathi moved to the High Court with his transfer application seeking transfer of Session Trial No.897 of 2017 (State Vs. Vinod and others), Case Crime No.541 of 2016, under Sections 307, 504, and 325 IPC pending in the Court of Additional Sessions Judge/F.T.C. Court No.1 Allahabad to any other competent Court of Allahabad Judgeship.

The counsel for the petitioner submitted that after the statements of P.W.1 and P.W.2 were recorded, the complainant/Tripathi moved an application under Section 319 Cr.P.C. for the summoning of two witnesses, which was rejected by the Additional Sessions Judge/F.T.C. Court No.1 Allahabad.

In view of this, arguing that the said application of the applicant was arbitrarily rejected by the trial Court without considering the evidence, the counsel submitted that the applicant has no hope to get justice from the said Court.

It was further submitted that the Applicant had earlier moved an application for transfer of the said case before the Sessions Judge, Allahabad which was rejected and hence, the applicant sought a direction from the HC to transfer the case to some other competent Court.

Court's observations

At the outset, the Court said that it is well-settled law that transfers under Section 407 Cr.P.C. from one Court to another is not to be made in a casual and perfunctory manner and it must be on the basis of some good ground existing and substantiated on record.

"In the instant case, perusal shows that the only ground taken in the instant transfer application is that the application filed by the applicant/complainant under Section 319 Cr.P.C. has been rejected by the Court. No specific material could be shown so as to indicate that applicant would not get justice from the said Court or that fair trial would not be held by that Court. Merely because the application of applicant was rejected by the said trial Court, it cannot be a ground to transfer of the case from that Court, particularly when the statements of some witnesses have already been recorded by that Court," the court further held as it found that there is no just ground to transfer the case.

Thus, the instant transfer application was rejected.

Case title - Suresh Chandra Tripathi v. State Of U.P And 2 Others

Case citation: 2022 LiveLaw (All) 187

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