POWERS OF HIGH COURT TO TRANSFER CRIMINAL CASE
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When a person wants to transfer case from criminal court, he shall firstly file and application in the same criminal court to the effect that he wants to transfer his criminal case. Thereafter, he shall file and application along with affidavit and reasons for transfer of criminal case in the concerned High Court. According to Sec. 526 Cr. P. C. the High Court, under the forthcoming situations, may allow the transfer or criminal case to another criminal court or the High Court may itself hear the case;
1) When the High Court is assured that; a) the trial court cannot proceed in the case correctly or impartially. Or; b) there is possibility that some extra ordinary legal complexity may arise. Or; c) the place where crime was committed or near such place, satisfactory investigation or hearing of the case or to examine such a place further time is required. Or; d) any order under this section would commonly facilitate the parties or witnesses. Or; e) such an order is necessary to meet the ends of justice or is demand of any provision of Criminal Code, therefore, the High Court can issue an order that; i. such a court shall investigate or hear the criminal case which has no authority under sections 177 to 184 Cr. P. C. but the same court could have jurisdiction to investigate or hear the same kind of offence. ii. Any particular case or appeal etc can be transferred from one subordinate criminal court to another criminal court having same or higher powers. iii. Any particular case or appeal may be transferred to it. iv. Any accused may be presented before it or any Session Court for hearing. 2) When the High Court transfers to itself, from some other court, a particular case then it will adopt same procedure as if which would have been adopted by the subordinate court if the case would not have been transferred. 3) The High Court can act on its own or on the report of any subordinate court or on the application of any concerned party. 4) Any application placed under this section shall be moved through Motion for action, wherein, it is supported by, except where the applicant is Advocate General, affidavit. 5) Under this section the High Court may direct the applicant accused to submit a bond with or without surety under the condition that if he is ordered to pay a particular amount which the High Court would pay as compensation to the person who is opposing such an application. 6) Every such accused applicant shall give written notice to state counsel along with reason on which such application is moved and no order shall be issued on the entitlement of the application unless minimum 24 hours period has passed between motion of the application and giving notice. a) Under this section when the High Court is utilizing its assigned authority, if the High Court is of the opinion that such an application is frivolous and harassing, then it can order the applicant to pay the person who opposed the application, such an amount which it deems fit in the circumstances of the case, provided that such an amount shall not be more than five hundred rupees. 7) Under Chapter 8 where a party, during the investigation or trial of the case, informs the court that he wants to move such an application, then, such an act shall not warrant that the court postpones the case, however, the court shall not issue it judgment or final order until the High Court announces its final order on the application. If the High Court accepts the application then all the proceedings which were carried out after informing the subordinate court shall be started anew according to the accused person’s demands. In the event that before an appeal is accepted for hearing of arguments (if any) are started or where an appeal is accepted for hearing and before arguments start from the appellant, if any party informs the court that he wants to move an application under this section then on Motion of such party he may be allowed to move such application on submission of a maximum bond of rupees five hundred with or without surety and within a reasonable time period which the court shall decide. The court shall defer such appeal for such a period which is sufficient for moving of such an application and decision on it. RELATED TOPIC: |