Usmangani Adambhai Vahora Vs. State of Gujarat & Anr.
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Head Note
Criminal Laws - Criminal Trial
Criminal case - Transfer of Case - Apprehension - Held that apprehension has to be one which would establish that justice will not be done.
The Code of Criminal Procedure, 1973 - Section 308 , Section 309
Transfer of Case - 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.
The Code of Criminal Procedure, 1973 - Section 308 , Section 309
Transfer of Case - Solely because an accused has filed an application for transfer, Court 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 - 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.
Topic(s)-Criminal Case - Transfer of case set aside