Mere inconvenience in attending trial is not enough for transfer; fair trial and justice grounds are required.

Section 407 of the Code of Criminal Procedure permits transfer only where it is needed for a fair and impartial trial, where unusual legal difficulty is likely, where the Code requires transfer, or where it serves the convenience of parties or witnesses and the ends of justice. Mere inconvenience in travelling to attend proceedings, without any allegation of bias, unfairness, exceptional difficulty, or physical inability, is insufficient. Distance alone and available transport facilities do not justify a change of venue, and the convenience of the accused cannot override the lawful forum fixed by law. On these facts, the request for transfer was rejected.

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Issues: Whether criminal proceedings pending before the Chief Judicial Magistrate, Jorhat should be transferred to the Chief Judicial Magistrate, Dibrugarh on the ground of inconvenience to the accused under Section 407 of the Code of Criminal Procedure, 1973.

Analysis: Section 407 of the Code empowers the High Court to transfer a case only where transfer is necessary for fair and impartial trial, where a question of unusual difficulty is likely to arise, where transfer is required by the Code, or where transfer promotes the general convenience of parties or witnesses or the ends of justice. The only ground pressed was inconvenience in travelling from the place of residence to Jorhat. No allegation of bias, unfair trial, legal difficulty, or other exceptional circumstance was shown. The distance by itself was not treated as sufficient, especially when no physical inability to attend trial was established and transport facilities were available. The convenience of parties cannot override the jurisdictional venue fixed by law.

Conclusion: The request for transfer on the ground of inconvenience was rejected.

Final Conclusion: The criminal proceeding was held not transferable on the facts shown, and the transfer petition failed.

Ratio Decidendi: Mere inconvenience in attending trial, without exceptional grounds affecting fairness or justice, is insufficient to justify transfer under Section 407 of the Code of Criminal Procedure, 1973.

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