Transfer of criminal trial requires a real, reasonable apprehension of bias, not speculation or inconvenience.

Section 406 CrPC permits transfer of a criminal trial only when there is a well-substantiated, reasonable apprehension that justice will not be administered impartially. The text explains that a prosecuting agency like the CBI, after taking over investigation and prosecution, can qualify as a "party interested" under Section 406(2) and may seek transfer. It also states that fair trial concerns under Article 21 require concrete material, not conjecture, bald allegations, former associations, or mere inconvenience. On the facts described, no reasonable bias was shown, so the trial was to continue at Ghaziabad and proceed expeditiously.

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Issues: (i) Whether the CBI was entitled to seek transfer of the criminal trial as an interested party under Section 406(2) of the Code of Criminal Procedure, 1973. (ii) Whether the trial at Ghaziabad should be transferred on the ground of apprehended bias and the need to secure a fair trial.

Issue (i): Whether the CBI was entitled to seek transfer of the criminal trial as an interested party under Section 406(2) of the Code of Criminal Procedure, 1973.

Analysis: Once a State consents under Section 6 of the Delhi Special Police Establishment Act, 1946 and the investigation is transferred to the CBI, the CBI assumes the role of the investigating agency and, for that case, also functions as the prosecuting agency. In a criminal trial, the prosecuting agency has a direct and substantial stake in the administration of justice. The expression "party interested" in Section 406(2) is therefore wide enough to include the CBI in such circumstances.

Conclusion: The preliminary objection was rejected and the CBI was held competent to move the transfer application.

Issue (ii): Whether the trial at Ghaziabad should be transferred on the ground of apprehended bias and the need to secure a fair trial.

Analysis: The power of transfer under Section 406 of the Code of Criminal Procedure, 1973 is to be exercised sparingly and only where there is a well-substantiated and reasonable apprehension that justice will not be dispensed impartially. A fair trial is an essential component of Article 21 of the Constitution of India, but transfer is not to be ordered on conjectures, bald allegations, or mere inconvenience. The Court found no material showing that the judge, witnesses, or prosecution would be influenced merely because of former associations or the status of some accused, and overburdening of the local court was also not treated as a ground for transfer.

Conclusion: No reasonable apprehension of bias was established and the prayer for transfer of the trial was declined.

Final Conclusion: The trial was directed to continue at Ghaziabad and to proceed expeditiously.

Ratio Decidendi: Transfer of a criminal trial under Section 406 of the Code of Criminal Procedure, 1973 can be ordered only on a proved, reasonable apprehension of denial of a fair and impartial trial, and not on speculation, general allegations, or mere inconvenience.

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