Court Imposes Rs. 50,000 Cost on Petitioner for Frivolous Transfer Application
In a significant ruling, the Punjab and Haryana High Court, presided over by Justice Sumeet Goel, has dismissed a transfer petition filed by Dinesh Chand Bansal in the case against the State of Haryana and others. The petitioner sought to transfer the defamation case from the Court of Judicial Magistrate First Class, Panchkula, to another court, citing bias and prejudice. The High Court, however, found no merit in these claims and emphasized the need for cogent material to justify such a transfer.
The petitioner, Dinesh Chand Bansal, had argued that the presiding officer was biased and that his advanced age and health conditions made it difficult for him to attend court proceedings in Panchkula. However, the court ruled that mere apprehensions or dissatisfaction with the trial court are insufficient grounds for a transfer. The court highlighted that the power to transfer cases under Section 408 of the Criminal Procedure Code (Cr.P.C.) and Section 448 of the Bharatiya Nagarik Suraksha Sanhita, 2023, is discretionary and should be exercised sparingly.
Justice Goel underscored that allegations of bias must be substantiated with reasonable grounds, and merely expressing apprehension does not suffice. The court also noted that unsubstantiated aspersions on judicial officers or opposing counsel undermine judicial integrity. Consequently, the court imposed exemplary costs of Rs. 50,000 on the petitioner to deter abuse of the judicial process.
The court directed that Rs. 25,000 of the costs be deposited with the Haryana State Legal Services Authority, Panchkula, and the remaining Rs. 25,000 be remitted to the complainant's counsel. The court also instructed that any pending applications be disposed of and stated that the observations in the judgment should not influence the trial court proceedings.
Bottom Line:
Transfer of criminal cases - The power to transfer cases under Section 408 Cr.P.C./Section 448 of BNSS, 2023 is discretionary in nature and should be exercised sparingly. Transfer cannot be ordered on mere apprehension or dissatisfaction of a party with the trial court. Cogent material must be placed to establish bias or prejudice by the trial court.
Statutory provision(s): Section 408 of the Criminal Procedure Code, 1973, Section 448 of Bharatiya Nagarik Suraksha Sanhita, 2023, Section 500 IPC
Dinesh Chand Bansal v. State of Haryana, (Punjab And Haryana) : Law Finder Doc id # 2845629
