- In the case of Manoj Parmar vs Union of India, the Hon’ble HC of Madhya Pradesh was dealing with an application of the accused, Manoj Parmar in which he had requested that the case pending before the Court of Additional Sessions Judge, Sehore be transferred to the Court of Special Judge, CBI.
- In the instant case, the applicant alleged that the case pending before the ADJ, Sehore contains allegations similar to the one pending against him in the Court of Special Judge, CBI. He said that both the cases relate to him dishonestly and fraudulently taking the loan, and therefore it would be convenient for him if both the cases were heard in front of the same court, which is the CBI Court.
- Most importantly, he alleged that Satyanarayan Vishwakarma, who was a witness in the CBI case was the accused in the police case heard before the ADJ, Sehore. This would lead to bias against him and would rob him of the opportunity of a fair trial.
- Taking note of the list of witnesses to be examined before both the courts,, the Hon’ble HC noted that the list was not the same. The witnesses in the police case before the Court of ADJ, Sehore were from that place only.
- The Court also took note of the fact that the trial before the Court of ADJ was at an advanced stage.
- Taking note of the above facts, the Court was of the view that the power granted to the Court under Section 407 of CrPC was one to be exercised sparingly and in exceptional situations where there is a ‘bias’ or a ‘likelihood of bias’. This would depend upon the facts and circumstances of each case.
- The Court also observed that it is a well settled fact that the litigant cannot choose a Bench of his choice.
- Thus, the Court did not find any valid ground to exercise its powers under section 407 of CrPC and therefore rejected the plea of the applicant, Manoj Parmar.
"Loved reading this piece by Shweta?
Join LAWyersClubIndia's network for daily News Updates, Judgment Summaries, Articles, Forum Threads, Online Law Courses, and MUCH MORE!!"
Join LAWyersClubIndia's network for daily News Updates, Judgment Summaries, Articles, Forum Threads, Online Law Courses, and MUCH MORE!!"
