Case Note & Summary
The Supreme Court set aside the High Court's order transferring a criminal case from Sangareddy to Hyderabad, initiated by the wife against her husband -- The husband had sought transfer alleging bias due to the wife's relatives working in the District Court and Police Station -- The Court found the bias allegations inconsequential, noting that the presence of relatives does not automatically imply judicial bias -- It considered the wife's hardships in traveling to Hyderabad with two children -- The Court directed the case to be transferred back to Sangareddy, with provisions for the husband's safety if needed -- The appeal was allowed, quashing the transfer order
Headnote
The Supreme Court allowed the appeal filed by the wife against the High Court's order transferring criminal proceedings from the Court of Additional Judicial Magistrate First Class, Sangareddy to the Metropolitan Magistrate at Nampally, Hyderabad -- The Court held that the transfer was unjustified as the grounds of bias were inconsequential -- Merely because the wife's relatives were a Head Constable in the Police Station and a Junior Assistant in the District Court did not establish bias against the husband, especially since the adjudication is by the Judge -- The Court noted that the Junior Assistant had already been transferred -- The Court emphasized the wife's difficulties in prosecuting the case at a distant location, being a woman left alone with two children -- The Court directed the case to be transferred back to Sangareddy, and if closed, restored and transferred back -- The appeal was allowed, setting aside the impugned order
Issue of Consideration
The Issue of whether the High Court was justified in transferring a criminal case from Sangareddy to Hyderabad based on allegations of bias due to the wife's relatives working in the District Court and Police Station
Final Decision
The Supreme Court allowed the appeal, set aside the High Court's transfer order, and directed that the case be transferred back to the Additional Judicial Magistrate First Class, Sangareddy -- If the case was closed, it should be restored and transferred back -- The Court held the bias allegations were inconsequential and the transfer was unjustified
Law Points
- Transfer of criminal cases should not be based on mere allegations of bias without substantial proof
- especially when relatives of a party work in the judiciary or police -- The convenience of the complainant
- particularly a woman with children
- is a relevant consideration in transfer petitions -- Ex parte orders in transfer matters require careful scrutiny to ensure fairness to all parties
Case Details
2026 LawText (SC) (01) 20
Criminal Appeal No. of 2026 (@ Special Leave Petition (Crl.) No. 7038 of 2025)
Ahsanuddin Amanullah J. , K. Vinod Chandran J.
The State of Telangana & Anr.
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Nature of Litigation
Criminal appeal against the High Court's order transferring criminal proceedings from Sangareddy to Hyderabad
Remedy Sought
The appellant (wife) sought to set aside the transfer order and have the case heard in Sangareddy
Filing Reason
The wife was aggrieved by the ex parte transfer order, which she argued was unmindful of her difficulties as a woman with two children and based on unfounded bias allegations
Previous Decisions
The High Court had transferred the case from the Additional Judicial Magistrate First Class, Sangareddy to the Metropolitan Magistrate at Nampally, Hyderabad, based on the husband's petition alleging bias due to the wife's relatives in the District Court and Police Station
Issues
Whether the High Court was justified in transferring the criminal case based on allegations of bias due to the wife's relatives working in the judiciary and police
Whether the ex parte transfer order considered the wife's convenience and circumstances
Submissions/Arguments
The appellant argued that the transfer was unmindful of her travails as a woman with two children and based on deceitful conduct by the husband
The respondent argued that the wife's relatives were influencing the police and court staff, causing harassment, necessitating transfer for fairness
Ratio Decidendi
Mere allegations of bias based on relatives of a party working in the judiciary or police do not justify transfer of a criminal case, as adjudication is by the Judge and such presence does not establish bias -- The convenience of the complainant, especially a vulnerable party like a woman with children, must be considered in transfer petitions -- Ex parte orders in transfer matters require careful evaluation to ensure all parties are heard and fairness is maintained
Judgment Excerpts
We cannot but notice that prima facie, the contention of the learned counsel for the appellant that the husband employed reprehensible deceit on the wife cannot be easily brushed aside
Primarily, it cannot be said that merely because the relative of the wife is a Head Constable and another is working in the District Court, there would be a bias against the husband, especially when the adjudication is carried out by the Judge
We are of the opinion that the order of the High Court cannot at all be sustained, especially on the grounds raised of bias which we find to be inconsequential
Procedural History
The wife initiated criminal proceedings (C.C. No.136 of 2023) in Sangareddy -- The husband filed a transfer petition to Hyderabad, alleging bias due to the wife's relatives -- The High Court transferred the case ex parte without hearing the wife -- The wife appealed to the Supreme Court, which granted leave and heard the appeal -- The Supreme Court set aside the transfer order and directed the case back to Sangareddy
Acts & Sections
- Code of Criminal Procedure, 1973: Section 482
