SHREE BAIDYANATH AYURVED BHAWAN PVT. LTD. versus STATE OF PUNJAB & ORS.

SHREE BAIDYANATH AYURVED BHAWAN PVT. LTD. versus STATE OF PUNJAB & ORS.

The apprehension of injustice by the petitioner does not appear reasonable; courts are expected to act impartially, and transfer of cases to another High Court is not permissible under the facts. However, District Judges may consider consolidating matters before one court for effective disposal.

Parties
Petitioner: Shree Baidyanath Ayurved Bhawan Pvt. Ltd.; Respondents: State of Punjab & Ors.; Respondent: M/s. S. Bhatia Enterprises, Ludhiana
Jurisdiction
India
Judgment Date
04 August 2009
Procedural Posture
Transfer Petition (criminal) No. 377 of 2006 / Decision on Merits
Outcome
Transfer petition dismissed
Legal Topics
Transfer of Criminal Cases, Section 406 Cr PC
Criminal Law Procedure Transfer of Criminal Cases Section 406 Cr PC

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Parties

Shree Baidyanath Ayurved Bhawan Pvt. Ltd.

Petitioner

State of Punjab & Ors.

Respondents

M/s. S. Bhatia Enterprises, Ludhiana

Respondent

Procedural Posture

Transfer Petition (criminal) No. 377 of 2006 / Decision on Merits

Legal Issues

  1. 1 Whether criminal cases/complaints between parties can be transferred from Punjab & Haryana High Court and subordinate courts to Delhi High Court or other courts?
  2. 2 Whether the apprehension of bias or injustice to the petitioner justifies transfer under s. 406 CrPC?

Ratio Decidendi

The apprehension of injustice by the petitioner does not appear reasonable; courts are expected to act impartially, and transfer of cases to another High Court is not permissible under the facts. However, District Judges may consider consolidating matters before one court for effective disposal.

Court Disposition

Transfer petition dismissed

Orders

  • District Judges of Chandigarh and Ludhiana requested to consider desirability of consolidating criminal matters before one court
  • Applications for dispensation of personal appearance to be considered by courts on merits