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Transfer Of Criminal Cases

Transfer of case does not make any change in the nature of trail or relief which  provides the parties to the suit. The authority of transferring of a criminal case  from one court to another court is conferred upon supreme court, high court and  session court. In another word Transfer of a case arise on the ground of its  jurisdiction or its end of justices.

All the court always maintain a fair view that it should not only do fair justices  but the justices should be show in such a manner that gives a clear message should  be made to be everyone. The judiciary is the most important body to deliver  justices and has always maintain a very strict view regarding fairness in trail  procedure. The code of criminal procedure and code of civil procedure have  enough reasonable ground to transfer case from one court to another court. Section 406 of criminal procedure code 1973 define the power of supreme court  to transfer the cases and appeal. It may direct any particular case or appeal be  transfers from one high court to another high court or from a criminal court  subordinate to one higher court to another criminal court of equal or superior  jurisdiction sub ordinance to another high court.

Under Section 407 of the criminal procedure code 1973 define the power of the  high court to transfer a case or appeal, from one court to its subordinance to  another court of its subordinance or the high court may try the case by itself. The  high court after receiving an application from the applicant the court may even if  required to conduct an enquiry and after that court decide whether such transfer  is interest to justice or it is field an interest to justice. And if the court found any  mistake or any false in the application then the court would dismiss the  application to transfer of case.

Section 408 of the criminal procedure code 1973 define the power of the session  judge to transfer the cases and appeal, from subordinance to high court. The  power vested to transfer one court from another court under the jurisdiction of the  session division this power is made by the court for better delivery of justice and  settle the sentiment of the victim.

The grounds on which the cases can be transfer

The following are the important grounds for the transfer of the cases:
  • For the end of justice It is one of the important grounds of transfer of cases, it is the duty of the court to  meet up the end of justice. And the judgement should send a good message for  the society
  • The inquiry report of the superior judicial officer
  • Jurisdiction of the court
    The court have a limited jurisdiction over the subject matter of the dispute
  • Clash between the party and other judicial officer
  • The judicial officer being engaged in the litigation by some or other
  • Judicial officer may be as a witness
  • When the court or any judicial authority is working in contravention to the principal of natural justices
  • Any mutual disturbance or any mutual relationship between the judicial officer

One of the important case laws:

  • Vishwanath Gupta v. State of Uttar Pradesh

    In this case the applicant filed an application for the transfer of a case on the  contention that he was under the apprehension that he wouldn’t be able to engage  a counsel in the court where a case against him was already pending in the case.  However, the District Bar Association submitted an application assuring the  court that a defence counsel from among the members of the Bar Association  would be made available to the applicant. The Supreme Court held the  application to be invalid dismissing the prayer for the transfer.
  • Kaushalya Devi v. Mool Raj

    the Supreme Court held that in cases where the application of transfer of the case  is made but the Magistrate dealing with the case opposes the application by  himself filing an affidavit then the transfer of the case, without any doubt in the  complete interest of justice because in all such cases the essentials of fair and  impartial trial are already put to peril which is signified by the personal  involvement of the judge himself.2
Conclusion
The transfer of case from one court to another court is very important part in the  Indian law. It the duty of all court in India to ensure a fair trial and render justice.  While transferring the case from one court to another court the nature of the case  may not change. The court always maintain a fair view and the justice should be  given a clear message to everyone in the society.

End-Notes:
  1. Vishwanath Gupta.v. state of Uttar Pradesh
    https://blog.ipleaders.in/53282-2/
  2. Kaushalya Devi vs Shri Mool, Raj And Others on 4 September, 1963
    https://blog.ipleaders.in/53282-2/

Written By: Nirmal S Mohan

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