https://www.taxtmi.com/caselaws?id=308720 Transfer of criminal proceedings under Section 406 CrPC is an exceptional power to be exercised sparingly, only where there is a credible and material basis for a reasonable apprehension that a fair and impartial trial cannot be secured. A petitioner's convenience alone is not decisive; the Court must also weigh the complainant, witnesses, the prosecution, and the larger interests of justice. On the stated facts, the filing of charge-sheets, the court-controlled nature of the trials, and the absence of material showing bias or prima facie malicious prosecution meant that transfer outside Uttarakhand was not warranted. en-us Fri, 16 Oct 2020 00:00:00 +0530 Sat, 15 Jul 2023 07:57:11 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=308720 Transfer of criminal proceedings under Section 406 CrPC is an exceptional power to be exercised sparingly, only where there is a credible and material basis for a reasonable apprehension that a fair and impartial trial cannot be secured. A petitioner's convenience alone is not decisive; the Court must also weigh the complainant, witnesses, the prosecution, and the larger interests of justice. On the stated facts, the filing of charge-sheets, the court-controlled nature of the trials, and the absence of material showing bias or prima facie malicious prosecution meant that transfer outside Uttarakhand was not warranted. Case-Laws Indian Laws Fri, 16 Oct 2020 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=308720