Supreme Court of India · 2016-01-08
Usmangani Adambhai Vahora vs State Of Gujarat & Anr
- Citation / case number
- AIR 2016 SUPREME COURT 336
- Court
- Supreme Court of India
- Petitioner
- Usmangani Adambhai Vahora
- Respondent
- State Of Gujarat & Anr
- Author
- Dipak Misra
- Bench
- Prafulla C. Pant, Dipak Misra
Judgment text excerpt
The Supreme Court upheld the High Court's decision to quash the order of the Principal Sessions Judge under Article 227 of the Constitution, affirming the maintainability of a transfer petition under Section 408 of the Code of Criminal Procedure, 1973. The Court clarified that the transfer of a case from one Additional Sessions Judge to another within the same Sessions Division is permissible after the trial has commenced. The judgment emphasizes the importance of ensuring a fair trial, particularly when concerns about the presiding officer's impartiality arise.