Manoj Parmar vs. Union of India and others

Madhya Pradesh High Court (Division Bench (DB)- Two Judge)

MCRC, 34709 of 2021, Judgment Date: Dec 21, 2021

Law laid down -

Held:

1. Section 407 of Cr.P.C. is an assurance of fair trial.

2. A litigant cannot choose a Bench of his choice. It is only an exceptional circumstances, where the existence of “bias” or “likelihood of bias” when apparent on the facts and circumstances of the case, the High Court can invoke its discretionary power under Section 407 of Cr.P.C. In the absence of an allegation of “pre-existing bias”, the power of transfer of a case should normally not be invoked.

Manoj Parmar vs. Union of India and others