Law: Criminal Procedure Code (V of 1898)

Section: 528

Criminal Procedure Code (V of 1898) S. 528---Transfer of criminal case---Grounds---Persistent suggestion of Judicial Officer to settle/compromise not a ground for transfer of case---Accused/petitioner moved an application for the transfer of criminal case from the Trial Court, which was allowed and case was transferred to other Court---Validity---In the transfer application, it was mentioned that the complainant lodged false FIR against accused/petitioner in which accused was continuously facing the trial, however the Presiding Officer continuously was forcing the applicant/accused to compromise with the complainant and the complainant party also loudly spoke in the area that they would get the decision in their favour, as the complainant party had visiting and dining terms with the Presiding Officer, therefore, the applicant/accused had lost his faith and trust upon the Trial Court---First ground in the Criminal Transfer Application, which the applicant had subsequently withdrawn, alleged that the Judicial Officer impressed on the parties to enter into a compromise---Such apprehension of accused alone did not articulate evidence of any diversion from the requirement of fair trial and due process on the part of the Judicial Officer---While habitual or repeated diversion from the principles of a fair trial and due process on the part of the Court might trigger a potential cause for transferring a case from one Court to another, there was no such instance---Persistent suggestions, on the part of a Judicial Officer, to the parties to settle the matter out of Court or to enter into a compromise alone did not favour either party---Applicant/complainant and the accused had a family history of discord, distrust and alleged violence between them---In the facts and circumstances of the case and the documents available on record, the alleged repeated suggestions from the Judicial Officer to bring to an end the cycle of hostilities between the parties by way of a compromise were no grounds for claiming bias or prejudice and consequently transferring the case---Once the accused withdrew the first ground, the only ground left for the consideration of the Sessions Court to…