Seeking Criminal Trial's Transfer At Drop Of Hat Not Recognized By Any Tenent Of Law: Allahabad High Court

The Bench of Justice Mohd. Faiz Alam Khan also emphasized that an order of transfer is not to be passed as a matter of routine or merely because an interested party has expressed some apprehension about the conduct of the trial by a Presiding Officer.

The case in brief

The Court was hearing the instant transfer application moved by a Murder accused, Pramod Kumar Tiwari praying to set aside Sessions Judge, Pratapgarh order wherein his request to transfer the murder trial to some other court from the court where the same is pending had been rejected.

His counsel claimed that the applicant had overheard a conversation between the public prosecutor and the Presiding Officer of the Court, wherein the prosecutor was informing the Presiding Officer of the court that the file (instant case) had been transferred to his court keeping in view his reputation and he (Public Prosecutor) is having all the hope that the Presiding Officer would convict and sentence the accused persons with the maximum imprisonment.

It is also argued that in April 2021, when the Advocates were not appearing in the courts in pursuance of the resolution of the Bar, the Presiding Officer of the court was in a hurry to hear which showed that the public prosecutor has colluded with the informant and, therefore, they were impressing upon the Presiding Officer of the court to convict and sentence the applicant.

Court's observations

The Court noted that in the report sent by the Presiding Officer of the court to the Sessions Judge (when the application for transfer of the case was being heard by the Sessions Judge), the Presiding Officer had vehemently denied the charges leveled against him.

The Court further noted that the grounds which have been made by the applicant to move his transfer application showed that the applicant was having merely an apprehension.

"In the instant case, this Court is disposed to think that apprehension which has been made the basis to seek order for transfer of the case pending before the court below is absolutely weak and cannot be remotely said to be reasonable."

Against this backdrop, the Court remarked thus:

"Seeking of the transfer of criminal trial at the drop of a hat is not recognized by the courts or by any tenent of law. An order of transfer is not to be passed as a matter of routine or merely because an interested party has expressed some apprehension about the conduct of the trial by a Presiding Officer. This power would have to be exercised cautiously and in exceptional situations, where it becomes necessary to do so to provide complete justice and credibility to the trial."

Lastly, referring to Usmangani Adambhai Vahora Vs. State of Gujarat and Ors AIR 2016 SC 336, the Court observed that simply because an accused or a party has filed an application for transfer, a Judge is not required to express his disinclination.

Accordingly, finding no substance in the application under Section 407 Cr.P.C. moved by the applicant, the same was dismissed.

Case title - Pramod Kumar Tiwari @ Lota Tiwari v. State Of U.P. & Anr.

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