VAMAN NARAIN GHIYA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE present criminal transfer application under Section 407 Cr. P. C. is filed by the accused -petitioner seeking transfer of Sessions Case No. 76/2006 - State vs. Vaman Narain Ghiya and others, from the Court of Additional Sessions Judge (Fast Track) No. 1, Jaipur City, Jaipur to any other competent Court in Jaipur City.

(2.) THIS transfer application has been filed on the ground that the present Presiding Officer, by his conduct, has given rise to a reasonable apprehension in the mind set of the petitioner that justice would not be delivered to him. The situation obtaining, in the course of trial, qua the manner in which the oars of the trial are being held, has led to give birth to a legitimate and reasonable belief in the perception of the accused -petitioner that justice would be an obvious casualty if the trial is allowed to reach its logical conclusion in the said Court.

(3.) HE further placed reliance on the judgment of the Calcutta High Court rendered in the case of Rajinder Singh alias Manu and another etc. etc. vs. State of West Bengal, reported in 2004 Cri. L. J. 4023, wherein the Calcutta High Court while dealing with Section 407 Cr. P. C. , held that "transfer in certain cases is made not because the party approaching the Curt will not have a fair and impartial trial but because the party has reasonable apprehension that it will not have such a trail. Examination of the accused u/s. 313 Cr. P. C. amounting to lengthy cross - examination, refusal to give opportunity to cross -examine the witnesses etc. are some of the instances where transfer of a case is justified. When the whole procedure is extremely arbitrary and in direct contravention of law and the Judge displayed plenty of zeal and want of judicial spirit, the apprehension entertained by a party that it will not have a fair trial is justified warranting transfer. "