Supreme Court Holds That Criminal Proceedings Cannot Be Transferred on Vague Allegations of Bias Without Hearing the Complainant

Case Name: Prasanna Kasini v. The State of Telangana & Anr.
Citation: 2026 INSC 30
Date of Judgment/Order: 06 January 2026
Bench: Justice Ahsanuddin Amanullah and Justice K. Vinod Chandran

Held: The Supreme Court held that a criminal case cannot be transferred merely on vague allegations of bias arising from the employment of a complainant’s relatives in the local police or court establishment, and that such transfer is unsustainable when ordered ex parte without affording the complainant an opportunity of hearing, as judicial bias cannot be presumed lightly.

Summary: The appeal was filed by the wife challenging an ex parte order of the High Court transferring criminal proceedings initiated on her complaint from the Court of the Additional Judicial Magistrate First Class at Sangareddy to the Metropolitan Magistrate at Hyderabad. The husband sought transfer alleging bias on the ground that the wife’s relatives were employed as a Head Constable and a court staff member in Sangareddy. The Supreme Court examined the factual background of prolonged matrimonial disputes, prior criminal proceedings, and the circumstances under which the transfer was ordered. It found that the High Court failed to appreciate that adjudication is conducted by judges and not by court staff or police personnel, that one of the relatives had already been transferred, and that no real or reasonable apprehension of bias was established.

Decision: The appeal was allowed, the High Court’s transfer order was set aside, and directions were issued to restore and transfer back the criminal case to the Court of the Additional Judicial Magistrate First Class, Sangareddy, with liberty to the accused to seek appropriate protective measures for appearance, clarification that observations were confined to the transfer issue alone, and disposal of all pending applications.