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    <title>2009 (5) TMI 1030 - Supreme Court (LB)</title>
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    <description>A criminal trial may be transferred under Section 406 CrPC only where the applicant shows a reasonable, objective apprehension that a fair and impartial trial cannot be secured and that transfer is necessary for the ends of justice. Mere allegation or subjective fear is insufficient. On the materials placed, the Court found the trial court competent to conduct a fair trial and held that the apprehension of injustice was not reasonable; transfer would also prejudice the prosecution, the accused and the witnesses. The petition for transfer was therefore rejected and the trial directed to continue before the existing court.</description>
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    <pubDate>Thu, 14 May 2009 00:00:00 +0530</pubDate>
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      <title>2009 (5) TMI 1030 - Supreme Court (LB)</title>
      <link>https://www.taxtmi.com/caselaws?id=463636</link>
      <description>A criminal trial may be transferred under Section 406 CrPC only where the applicant shows a reasonable, objective apprehension that a fair and impartial trial cannot be secured and that transfer is necessary for the ends of justice. Mere allegation or subjective fear is insufficient. On the materials placed, the Court found the trial court competent to conduct a fair trial and held that the apprehension of injustice was not reasonable; transfer would also prejudice the prosecution, the accused and the witnesses. The petition for transfer was therefore rejected and the trial directed to continue before the existing court.</description>
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      <pubDate>Thu, 14 May 2009 00:00:00 +0530</pubDate>
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