Recently in its verdict, a Supreme Court Judges’ Bench consisting of M.R Shah and Krishna Murari while giving their verdict in a few transfer petitions which were filed under Section 25 of the code of Civil Procedure, 1908 refused to transfer an execution petition which was pending before the District and Session judge Dhaulpur, Rajasthan to the Sessions Judge, Noida on the ground that orders were passed under influence.
While giving judgment in the case, the Supreme Court Judges’ Bench said that one of the grounds on which the proceedings were sought as petitioners believed that they were not getting a fair trial because respondents were local bigwigs and were in a position to influence the local Court.
The top court judges bench stated that “ If the petitioners are aggrieved by any judicial order, the proper remedy would be to challenge the same before the higher forum. But merely because some orders are adverse to them were passed by the Court, it cannot be said that the Orders on the judicial side were passed under influence.
Judges observed that there is a general tendency to make such allegations against the judicial Officers whenever the orders are passed against a litigant and the orders are not liked by the concerned litigant.
Supreme Court observed that when the warrant issued by the Executing Court was sought to be executed, a false criminal FIR had been also filed in the case and, therefore, there is apprehension about the life of the petitioners concerned and the submission that the FIR is bogus is concerned, at the outset, it is required to be noted that if the petitioners are aggrieved by the FIR, the remedy would have been to approach the quashing of the same. It is reported that the closure report is filed so far as the FIR is concerned.
The aforesaid cannot be a ground to transfer the proceedings. In view of the above, the bench remarked that no ground was made out to transfer any of the proceedings were sought to be transferred.
