In Amit Singh v. State Of U.P. And 3 Others, the Allahabad High Court categorically mentioned that while transferring a criminal case, the convenience of not only the complainant/victim has to be considered but also that of the accused and prosecution.
The Court referred to a previously decided transfer case titled Shailendra Kumar Prajapati vs. the State of U.P. and another which said that the trial can’t be transferred on the mere apprehensions of justice being denied to the applicant. The transfer request has to be considered keeping the convenience of all stakeholders in mind.
The judgment relied on by the Hon’ble Court states that "No regular or strict rules can be prescribed for disposal of transfer applications. The convenience of the parties and witnesses does not necessarily mean the convenience of the applicant himself/herself, who makes an application before the court on the basis of a false presumption of apprehension. Convenience in the context of transfer, refers to the convenience of the prosecution, other petitioners, witnesses, and the society at large."
In the instant case, a wife who had accused her husband of cruelty sought transfer of the trial proceedings from Varanasi to Jaunpur, where she currently resides. Her plea was that firstly, as a lady she cannot travel 80kms on every hearing and second, she has also instituted 2 other suits against the husband at Jaunpur.
The Court, however, rejecting the plea stated that “This is a criminal case wherein not only convenience of applicant/ complainant/ informant/ victim is to be taken into consideration but convenience of accused and prosecution is also to be taken into consideration. Balancing the issue of convenience, I find that in case the criminal case is transferred according to prayer of applicant, it will adversely caused inconvenience to other parties. This is a criminal case, therefore, the prosecution is the State and applicant/ victim is represented by Public Prosecutor and the Advocate engaged by applicant has only role to assist the Public Prosecutor.Therefore, considering the issue of convenience, I do not find it to be a fit case for transfer."