HAZARA SINGH GILL versus THE STATE OF PUNJAB

HAZARA SINGH GILL versus THE STATE OF PUNJAB

Where the petitioner has, by affidavit, made out sufficient circumstances to reasonably entertain apprehension of not receiving justice, and these allegations are uncontroverted, the interests of justice demand that criminal cases be transferred outside the State.

Parties
Petitioner: Hazara Singh Gill; Respondent: State of Punjab
Jurisdiction
India
Judgment Date
10 May 1963
Procedural Posture
Transfer Petition Under Section 527 Criminal Procedure Code, 1898 / Original Jurisdiction—petition for Transfer of Criminal Cases
Outcome
Petition allowed
Legal Topics
Transfer of Criminal Cases, Apprehension of Justice, Affidavit Evidence, Duty of Court in Transfer Petitions
Criminal Law Transfer of Criminal Cases Apprehension of Justice Affidavit Evidence Duty of Court in Transfer Petitions

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Parties

Hazara Singh Gill

Petitioner

State of Punjab

Respondent

Procedural Posture

Transfer Petition Under Section 527 Criminal Procedure Code, 1898 / Original Jurisdiction—petition for Transfer of Criminal Cases

Legal Issues

  1. 1 Whether serious uncontroverted allegations by affidavit are sufficient to justify transfer of criminal cases outside the State
  2. 2 Duty of Court when no affidavit in reply is filed

Ratio Decidendi

Where the petitioner has, by affidavit, made out sufficient circumstances to reasonably entertain apprehension of not receiving justice, and these allegations are uncontroverted, the interests of justice demand that criminal cases be transferred outside the State.

Court Disposition

Petition allowed

Orders

  • The two criminal cases (33/3 and 33/4 of 1963) under Section 52 of the Prisons Act are transferred from Magistrate, First Class, Amritsar, Punjab to a competent court in Saharanpur District to be tried by magistrate chosen by District Magistrate, Saharanpur.