Supreme Court Allows Wife's Appeal, Quashes Transfer of Criminal Case from Sangareddy to Hyderabad -- Bias Allegations Based on Relatives in Judiciary and Police Found Inconsequential -- Case Directed to be Transferred Back to Sangareddy

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