Section 407 CrPC| Mere Allegations Of Apprehension Of Injustice Do Not Warrant Transfer Of Criminal Cases Between Courts Within The State- Karnataka HC

The Karnataka High Court at Kalaburagi Bench comprising of Justice Venkatesh Naik T has passed a ruling against the transfer of a criminal case between courts within the state based solely on mere allegations of apprehension of injustice made by the accused.

In furtherance, the Court clarified that for such a transfer to be granted, there must be a “reasonable apprehension” of injustice.

In that context, it was said that, "On perusal of Section 407 of Cr.P.C., it appears that assurance of fair trial is the first imperative of the dispensation of justice and the purpose of the criminal trial is to dispense fair and impartial justice, uninfluenced by extraneous considerations. However, the apprehension of not getting a fair and impartial trial is to be reasonable and not imaginary. Free and fair trial is sine qua non of Article 21 of the Constitution of India. If the criminal trial is not free and fair and if it is biased, judicial fairness and criminal justice system would be at stake, shaking the confidence of the public in the system. The apprehension must appear to the Court to be a reasonable one."

HCGP Anita M. Reddy appeared for the respondent before the Court.

In this case, the accused were facing charges under Section 302 read with Section 34 of the Indian Penal Code (IPC). During the Trial proceedings, conflicts and tensions emerged between the defense counsel and the Presiding Officer of the court. This situation led the accused to allege bias in favor of the prosecution.

The accused claimed that there was unequal treatment regarding their requests for adjournments and witness recalls compared to similar requests made by the prosecution. In response to this perceived bias, the accused requested a transfer of their trial. They sought to move the trial from the III Additional District and Sessions Judge in Kalaburagi to another Sessions Court under the jurisdiction of the Principal District and Sessions Judge, Kalaburagi.

The Court observed that the accused had not established a reasonable apprehension not availing justice. In that context, it was said that, "The apprehension of not getting a fair and impartial trial is required to be reasonable and not imaginary based upon conjunctures and surmises. The cases cannot be transferred on mere allegations that, there is apprehension that justice will not be done. For transfer of criminal case, there must be a reasonable apprehension on the part of the party to a case that justice will not be done. It is one of the principles of administration of justice that, justice should not only be done but it should be seen to be done."

In light of the same, the Court observed that it was satisfied that the Presiding Officer was conscious of his power and how to conduct fair trial in accordance with law.

Subsequently, the matter was dismissed.

Case No: CRL.P No. 200338 of 2023 [NC: 2023:KHC-K:7527]

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