HAZARA SINGH GILL vs THE STATE OF PUNJAB

The Supreme Court held that under Section 527 of the Code of Criminal Procedure, 1898, when serious allegations are made in a transfer petition and not specifically denied by the opposing party, the court must rely on the petitioner's affidavit. The court emphasized that it does not examine witnesses in such proceedings, and if one side fails to file a counter-affidavit, the allegations remain uncontroversial. Consequently, the court ordered the transfer of the criminal cases outside Punjab, as the petitioner demonstrated a reasonable apprehension of not receiving justice in the current jurisdiction.