Dinesh Chand Bansal v. State of Haryana & Anr., 2026
The judgment strongly condemns forum shopping and unsubstantiated allegations against judges.
Judgement Details
Court
Punjab & Haryana High Court
Date of Decision
2 February 2026
Judges
Justice Sumeet Goel
Citation
Acts / Provisions
Facts of the Case
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A criminal complaint under Section 500 IPC was filed in 2019 by the complainant, a pharmaceutical businessman and former District Governor of Rotary International.
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It was alleged that the petitioner circulated false and defamatory messages damaging the complainant’s reputation.
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The petitioner sought transfer of criminal proceedings from the Court of Judicial Magistrate First Class, Panchkula.
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Grounds included old age, health issues, travel inconvenience, and alleged judicial bias of the Magistrate.
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Allegations of collusion and assurance of conviction were made without material support.
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The Sessions Court dismissed the transfer plea on 08.08.2025.
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The petitioner approached the High Court under Section 528 BNSS, 2023.
Issues
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Whether judicial error can be equated with judicial bias?
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Whether vague and unsubstantiated allegations against a Presiding Officer justify transfer of criminal proceedings?
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Whether mere inconvenience, age, or anxiety amounts to reasonable apprehension warranting transfer?
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Whether transfer powers under Sections 407 & 408 CrPC / BNSS, 2023 can be used for litigant convenience?
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Whether frivolous transfer pleas constitute abuse of process of law?
Judgement
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The Court dismissed the transfer petition.
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It held that judicial error vs judicial bias are distinct concepts.
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Mere unfavourable orders do not establish judicial bias.
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Allegations against the Magistrate were found to be unsubstantiated allegations.
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The Court warned against forum shopping and intimidation of judicial officers.
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To protect the sanctity of judicial process, exemplary costs of Rs. 50,000 were imposed.
Held
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Mere anxiety or apprehension without material does not amount to reasonable apprehension.
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Transfer of criminal proceedings exists to secure justice, not litigant comfort.
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Forum shopping and reckless allegations undermine the sanctity of judicial process.
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Frivolous litigation amounts to abuse of process of law and warrants deterrence through exemplary costs.
Analysis
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The Court clearly distinguished judicial bias vs judicial error, noting that errors are correctable through appellate remedies.
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It emphasized that judicial officers function under pressure and occasional errors do not imply prejudice.
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The judgment strongly condemns forum shopping and unsubstantiated allegations against judges.
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Statutory safeguards under Sections 407 & 408 CrPC and BNSS, 2023 were highlighted to prevent misuse of transfer powers.
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The ruling reinforces institutional integrity and the sanctity of judicial process.
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Imposition of exemplary costs serves as a deterrent against abuse of process of law.