Case Note & Summary
The petitioners, who are the original applicants in Criminal Misc. Transfer Application No. 50 of 2019, filed a petition under Section 408 of the Code of Criminal Procedure, 1973 before the Sessions Judge, Satara, seeking transfer of Regular Criminal Case No. 69 of 2003 from the Court of the Judicial Magistrate First Class, Dahiwadi to another competent court. The petitioners alleged that the Magistrate presiding over the case had exhibited bias and partiality, creating a reasonable apprehension that they would not receive a fair trial. The Sessions Judge, however, rejected the application by a cryptic order dated 24th April, 2019, without adequately addressing the grounds raised. Aggrieved, the petitioners approached the Bombay High Court under its writ jurisdiction. The High Court, after hearing the counsel for the petitioners and the State, found that the Sessions Judge's order suffered from non-application of mind and was unsustainable. The Court noted that the power under Section 408 CrPC is discretionary but must be exercised judicially, and the Sessions Judge failed to consider the specific allegations of bias. Consequently, the High Court quashed the impugned order and allowed the transfer application, directing that Regular Criminal Case No. 69 of 2003 be transferred from the Court of JMFC, Dahiwadi to the Court of JMFC, Satara, for trial in accordance with law.
Headnote
A) Criminal Procedure - Transfer of Cases - Section 408 CrPC - Apprehension of Bias - The petitioners sought transfer of Regular Criminal Case No. 69 of 2003 from the Court of JMFC, Dahiwadi to another competent court on grounds of reasonable apprehension of bias due to the Magistrate's conduct. The Sessions Judge rejected the application without proper application of mind. The High Court held that the Sessions Judge's order was unsustainable and allowed the transfer, directing the case to be transferred to the Court of JMFC, Satara. (Paras 1-5) B) Criminal Procedure - Transfer of Cases - Section 408 CrPC - Non-Application of Mind - The Sessions Judge's order rejecting the transfer application was found to be cryptic and lacking reasons, indicating non-application of mind. The High Court emphasized that while the power under Section 408 CrPC is discretionary, it must be exercised judicially and with due consideration of the grounds raised. (Paras 4-5)
Issue of Consideration
Whether the learned Sessions Judge erred in rejecting the application for transfer of a criminal case under Section 408 CrPC despite reasonable apprehension of bias on the part of the presiding Magistrate.
Final Decision
The High Court allowed the writ petition, quashed the order dated 24th April, 2019 passed by the Sessions Judge, Satara, and directed that Regular Criminal Case No. 69 of 2003 be transferred from the Court of Judicial Magistrate First Class, Dahiwadi to the Court of Judicial Magistrate First Class, Satara, for trial in accordance with law.
Law Points
- Transfer of criminal case under Section 408 CrPC
- apprehension of bias
- non-application of mind by Sessions Judge
- reasonable apprehension of partiality
