Supreme Court · 2009 INSC 809 · Decided 14 May 2009
CAPT. Amarinder Singh v. Prakash Singh Badal & ORS.
- Court
- Supreme Court of India
- Citation
- 2009 INSC 809 · [2009] 9 S.C.R. 194
- Case number
- TRANSFER PETITION (CRIMINAL) No. 235/2008
- Decided
- 14 May 2009
- Bench
- K.G. BALAKRISHNAN, P. SATHASIVAM, J.M. PANCHAL (3-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- CrPC Section 406, 407; Constitution Article 21
Headnote
Code of Criminal Procedure, 1973: ss.406, 407 - c Transfer petition - Maintainability of - Held: Maintainable when there is reasonable apprehension on the part of party to a case that justice would not be done - Mere allegations that there is apprehension· that done would not suffice - Assurance of fair trial is the first imperative ' D of the dispensation of justice - When it is shown that public -\Ji'.' confidence in the fairness of a trial would be seriously undermined, th_e· aggrieved party can seek the transfer of a case within the State
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