SURENDERA PRATAP SINGH versus STATE OF U.P. AND ORS.

SURENDERA PRATAP SINGH versus STATE OF U.P. AND ORS.

Given the circumstances, including political status of an accused and actions by State authorities, apprehension of the complainant about bias is justified. To ensure fair justice, trial should be transferred out of Uttar Pradesh.

Parties
Petitioner: Surendera Pratap Singh; Respondent: State of U.P.; Respondent No. 2 (mla): Brijesh Mishra
Jurisdiction
India
Judgment Date
15 September 2010
Procedural Posture
Transfer Petition (criminal) No. 535 of 2008 / Decision on Transfer of Criminal Case
Outcome
Transfer petition allowed.
Legal Topics
Transfer of Criminal Cases, Withdrawal of Prosecution, Fair Trial
Criminal Law Procedure Transfer of Criminal Cases Withdrawal of Prosecution Fair Trial

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Parties

Surendera Pratap Singh

Petitioner

State of U.P.

Respondent

Brijesh Mishra

Respondent No. 2 (mla)

Procedural Posture

Transfer Petition (criminal) No. 535 of 2008 / Decision on Transfer of Criminal Case

Legal Issues

  1. 1 Whether the trial regarding the alleged murder by MLA Brijesh Mishra should be transferred out of Uttar Pradesh to ensure a fair trial
  2. 2 Whether apprehensions of bias due to political influence are justified

Ratio Decidendi

Given the circumstances, including political status of an accused and actions by State authorities, apprehension of the complainant about bias is justified. To ensure fair justice, trial should be transferred out of Uttar Pradesh.

Court Disposition

Transfer petition allowed.

Orders

  • Matter directed to be transferred to the High Court of Madhya Pradesh which shall decide the place and the court for the trial.
  • No order as to costs.