Criminal Procedure Code, 1973 S. 408 (1)  - Transfer of case  - Solely because an accused has filed an application for transfer, trial judge is not required to express his disinclination - He is required under law to do his duty -  He has to perform his duty and not to succumb to the pressure put by the accused by making callous allegations - He is not expected to show unnecessary sensitivity to such allegations and recuse himself from the case - If this can be the foundation to transfer a case, it will bring anarchy in the adjudicatory process - The unscrupulous litigants will indulge themselves in court haunting - If they are allowed such room, they do not have to face the trial before a court in which they do not feel comfortable. (2016)3 PLRSC 984

Criminal Procedure Code, 1973 S. 408 (1) - Exercise of power by the Sessions Judge to transfer a case from one Additional Sessions Judge to any other Additional Sessions Judge in his Sessions Division after commencement of the trial - Transfer petition preferred under Section 408 CrPC before the learned Principal Sessions Judge is maintainable - The view expressed by the High Court on this score appears to be correct and hence, affirm the same. (2016)3 PLRSC 984

 

Criminal Procedure Code, 1973 S. 408 (1) - Transfer of case  - Seeking transfer at the drop of a hat is inconceivable -  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 proper conduct of the trial - The power has to be exercised cautiously and in exceptional situations, where it becomes necessary to do so to provide credibility to the trial -  There has to be a real apprehension that there would be miscarriage of justice. (2016)3 PLRSC 984