Transfer Of Cases By High Court Under Code Of Criminal Procedure | The National TV

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Transfer of cases and appeals by High Court

 

Introduction-

 

The basic objective behind the transfer of cases and appeals from one court to another court is a fair trial. Every person has a right to a fair trial, where he has a reasonable cause to believes that authority would be prejudiced against him, he has a right to get his case transferred to another court.

 

 

Section 407 of the Code of Criminal Procedure talks about the power of the High court to transfer cases and appeals. The High Court may order the transfer of a case whenever he believes that:

  1. A fair and impartial inquiry or trial cannot be done in any subordinate criminal court.
  2. Some questions of Law of unusual difficulty is likely to arise while deciding a question.
  3. Order under this Section is required by any provision of code or will tend to the general convenience of the parties or witnesses or is expedient for the ends of justice.

 

 

Where there is reasonable apprehension in the mind of the accused, that he will not be fairly tried, the case should be transferred. The High Court may act either on the report of a lower court or on the application of a party or may decide on its own for such transfer of the case. No application shall lie to the High Court for transferring a case from one criminal court to another in the same session division unless such application for transfer has been made and rejected by the session court. A case can be suo motu transferred after hearing both the parties.

 

 

Every application for an order shall be made by motion, which shall be accepted after attachment of affidavit if the applicant is an interested party.  No such affidavit is required if the application is filed by the Advocate-general of the state. Where such application has been filed by the accused person, High Court may make him execute a bond, with or without sureties, for the payment of any compensation which the High Court may award.

 

 

Every accused person applicant shall give notice in writing, about the filing of the application, to public prosecutor together with a copy of the grounds on which it is made; and no order to be made on the merits of the application unless at least 24 hours have elapsed of giving notice and hearing of the application.

 

 

The high court may, when satisfied that it is necessary in the interest of justice to transfer a case or appeal from any subordinate court, may order proceedings in the subordinate court to stay until the application is disposed of. Stay of proceedings shall not affect the subordinate’s court power to remand under Section 309 of the code.

 

 

Where an application for transfer is dismissed and it was frivolous or vexatious in nature, a court may order by way of compensation to any person opposing such application, a sum not exceeding 1000 rupees as it may consider proper in circumstances of the case.

 

 

If such application is not dismissed, High Court may order:

  1. That any offence be inquired into or tried by any Court not qualified under Section 177- 185, but in other respects competent to inquire into or try such offense;
  2. Any particular case or appeal be transferred from a criminal court subordinate to its authority to any other criminal court of equal or superior jurisdiction.
  3. Any particular case may be committed for trial to a court of session.
  4. Any particular case or appeal be transferred to and tried before itself.

 

Nothing in this section shall be deemed to affect any order of government under Section 197 of the code.

 

 

 The right to a fair trial is a basic right of every individual. Provisions for transfer of cases under code of criminal procedure code are of utmost importance for fair trial and justice. It is allowed by the court, where it believes that it will apprehend the proceeding or accused will face any kind of prejudice, in that case, it may allow the transfer of the case. Transfer of case enables a party to have an independent judiciary.

 

 

 

 

 

 

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