Apprehension Of Bias & Fear For Personal Safety Are Substantial Grounds For Transferring A Criminal Case: Allahabad HC
The Allahabad High Court observed that apprehension of bias and fear for personal safety are substantial grounds for transferring a criminal case.
The Court allowed victim's plea seeking the transfer of a dowry and harassment case taking note of the threats to the her life and the potential for a biased investigation.
The Lucknow Bench noted the threats received by the victim which would have jeopardised her ability to participate in the trial “fearlessly” and noted that “the apprehension of bias and fear for personal safety are substantial grounds for transfer.”
A Single Bench of Justice Shamim Ahmed observed, “The pendency of a related domestic violence case in District-Gorakhpur supports the argument for consolidating the proceedings in one jurisdiction, ensuring comprehensive consideration of all aspects and evidence connected to the dispute and also taking note of the circumstances and guided by the principles laid down in the aforementioned case laws, it is expedient for the ends of justice to transfer the case from District-Ayodhya to District-Gorakhpur. This transfer would mitigate the risk of bias, ensure the safety of the applicant, and facilitate a fair trial.”
Advocate Viplava Singh represented the applicant, while A.G.A. Ashok Kumar Singh appeared for the opposite party.
The application for transfer was filed under Section 407 of the CrPC by the victim seeking to transfer the proceedings of a case under Sections 498A, 323, 504, and 506 of the IPC and Sections 3 and 4 of the Dowry Prohibition Act.
The victim argued that after her marriage with her husband, she allegedly faced continuous harassment over dowry demands, forcing her to file a complaint with the National Commission for Women, followed by an FIR.
One of the arguments presented by the victim was the influence exerted by the uncle of the accused husband and a serving Sub-Inspector in Uttar Pradesh Police. At the time of the FIR, he allegedly interfered in the investigation, compromising its integrity due to his position within the police force.
The Bench deliberated on the provisions of Section 407 of the CrPC which empowered the High Court to transfer cases if it believes that a fair and impartial trial cannot be held. “Thus, the principles governing the transfer of cases include the need to maintain public confidence in the administration of justice, ensuring the safety of the parties, and preventing any undue influence on the judicial process,” the Court stated.
Given the grounds presented, including the potential bias due to the influence of the police officer relative and the reported threats, the Court stated that the transfer was necessary for the ends of justice. Consequently, the court ordered the transfer of Case from the Ayodhya District Court to the Gorakhpur District Court.
Consequently, the Court held that “the threats to the applicant's life and the potential for a biased investigation are serious concerns that merit consideration for the transfer of the case to ensure a fair trial and the convenience of the applicant, who already has a domestic violence case pending in District-Gorakhpur, further supports the need for the transfer.”
Accordingly, the High Court allowed the application.
Cause Title: X v. State Of U.P. & Ors. (Neutral Citation: 2024:AHC-LKO:42982)
Appearance:
Applicant: Advocates Viplava Singh, Sunil Kumar Singh and Surya Bux Singh
Opposite Parties: A.G.A. Ashok Kumar Singh; Advocate Udai Bhan Pandey
