Last Updated on March 4, 2018 by Legalseva.net
Criminal Cases from one court to another can be transferred under criminal provisions of law being followed in India which means CrPC in short i.e. Criminal Procedure Code, 1973. The relevant provisions are from Sec 406 to Section 412, Chapter 31 of the Code. For those of you interested in reading the bare act itself for transfer of case from Punjab and Haryana High Court Chandigarh or from one district to another in same sessions division or another , may read below:
Section 407 – Power of High Court to Transfer cases and Appeals
1. Whenever it is made to appear to the High Court—
- that a fair and impartial inquiry or trial cannot be had in any Criminal Court subordinate thereto, or
- that some question of law of unusual difficulty is likely to arise; or
- that an order under this section is required by any provision of this Code, or will tend to the general convenience of the parties or witnesses, or is expedient for the ends of justice,
it may order-
- that any offence be inquired into or tried by any Court not qualified under sections 177 to 185 (both inclusive), but in other respects competent to inquire into or try such offence;
- that any particular case, or appeal, or class of cases or appeals, be transferred from a criminal Court subordinate to its authority to any other such Criminal Court of equal or superior jurisdiction;
- that any particular case be committed for trial of to a Court of Session; or
- that any particular case or appeal be transferred to and tried before itself.
2. The High Court may act either on the report of the lower Court, or on the application of a party interested, or on its own initiative;
Provided that no application shall lie to the High Court for transferring a case from one criminal Court to another criminal Court in the same sessions division, unless an application for such transfer has been made to the Sessions Judge and rejected by him.
3. Every application for an order under Sub-Section (1) shall be made by motion, which shall, except when the applicant is the Advocate-General of the State, be supported by affidavit or affirmation.
4. When such application is made by an accused person, the High Court may direct him to execute a bond, with or without sureties, for the payment of any compensation which the High Court may award under Sub-Section (7).
5. Every accused person making such application shall give to the Public Prosecutor notice in writing of the application, together with a copy of the grounds on which it is made; and no order shall be made on the merits of the application unless at least-twenty-four hours have elapsed between the giving of such notice and the hearing of the application.
6. Where the application is for the transfer of a case of appeal from any subordinate Court, the High Court may, if it is satisfied that it is necessary so to do in the interests of justice, order that, pending the disposal of the application, the proceedings in the subordinate Court shall be stayed, on such terms as the High Court may think fit to impose;
7. Provided that such stay shall not affect the subordinate Court’s power of remand under section 309.
Where an application for an order under Sub-Section (1) is dismissed, the High Court may, if it is of opinion that the application was frivolous or vexatious, order the applicant to pay by way of compensation to any person who has opposed the application such sum not exceeding one thousand rupees as it may consider proper in the circumstances of the case.
8. When the High Court orders under Sub-Section (1) that a case be transferred from any Court for trial before itself, it shall observe in such trial the same procedure which that Court would have observed if the case had not been so transferred.
9. Nothing in this section shall be deemed to affect any order of Government under section 197.
Also read- Criminal Matters in High Court Chandigarh
408- Power of Sessions Judge to Transfer Cases and Appeals
- Whenever it is made to appear to a Sessions Judge that an order under this Sub-Section is expedient for the ends of justice, he may order that any particular case be transferred from one Criminal Court to another Criminal Court in his sessions division.
- The Sessions Judge may act either on the report of the lower Court, or on the application of a party interested or on his own initiative.
- The provisions of Sub-Sections (3), (4), (5), (6), (7),and (9) of section 407 shall apply in relation to an application to the Sessions Judge for an order under Sub-Section (1) as they apply in relation to an application to the High Court for an order under Sub-Section (1) of section 407, except that Sub-Section (7) of that section shall so apply as if for the words “one thousand” rupees occurring therein, the words “two hundred and fifty rupees” were substituted.
First on what grounds can the case be transferred:
1. Inordinate delay and expedite trial for justice
2. Partial enquiry being conducted.
3. With the kind of proceedings currently going in trial court or session it is impossible to see the ends of justice being met.
How will High Court transfer the case
1. That any offence be inquired into or tried by any Court not qualified with under Sections 177 to 185 (both inclusive) but in another respects competent to enquire and try such offence
2. From one Criminal Court subordinate to its authority to any other Criminal Court of equal or superior jurisdiction
3. Transfer case to Session and Commit for Trial
4. That any particular case be transferred and tried before high court also.
Also read- Criminal Revision in Punjab and Haryana High Court at Chandigarh
The question of issuing notice for hearing the parties may not arise if the order is passed by High Court suo motu or even on the motions of Sessions Judge; Sohan Singh v. State of Rajasthan, (1997) 3 Crimes 204 (Raj).
Case can be transferred through High Court from one Criminal Court to other Criminal court in the same session’s division then it must be first rejected by sessions judge on application being made.
The applicant has to give affidavit along with the transfer of case application in High Court Chandigarh.
High Court may even ask you to execute a bond with or without surety for the payment of compensation that High Court may award later. Advocate must give a copy mentioning Grounds on which it is made. Clearly no order shall be made on the merits of the application unless atleast 24 hours after giving notice has passed after notice issued by high court in this regard. High Court may Stay The proceedings below until the disposal of transfer application first.
Also read- PIL in Punjab and Haryana High Court at Chandigarh
Points to Remember–
1. Subordinate courts power under section 309 will not be curtailed or be affected by stay order under this section.
2. High Court considers your transfer application false and frivolous it made dismiss it with cost but not more than 1000 rupees
3. If the High Court has ordered the transfer of case before itself then it is bound to follow the same proceedings as being followed by the case would have not been transferred.
4. High Courts under this section will not affect any order of government under section 197.
Other Reasons for a Transfer of a case can be-
1. Judge and advocate having arrived or trouble relation
2. Internal judicial report of judge’s interest in the case.
3. Collusion of parties
Also read- High Court of Punjab and Haryana at Chandigarh
Transfer of a case before sessions would only be in the interest of Justice
Please Note – Application by can also be made by advocate general or interested party but action by sessions must before application is transferred.
Chapter 31 of CrPC deals with transfer of criminal cases covering sections from 406 from 412. Making of cases is done under section 409, 410, 411 412. Cases are transferred when all essential attributes of fair impartial trial put in Jeopardy, Petitioner and complainant can influence and control the judiciary and fear of physical harm to petitioner.
Cases not to be transferred what from one police station to another police station under section 407 and 408.
Convenience of parties is to be seen as observations being made in Abdul Nazar Madan’s case:
1. Purpose of criminal trial is to dispense fair and impartial justice uninfluenced by extraneous considerations.
2. Where it is shown public confidence is seriously undermined and then any party he can seek transfer of a case u/s 407
3. Convenience of not only parties alone but of witnesses and larger interest of society has to be seen.
These can also be the grounds for transfer of a case. As per Kaushalya Devi’s case mere allegation is not sufficient but the applicant has to show proof of the above grounds. Apprehensions shouldn’t be mere imaginary illusions but a truthful fact that can be proved in court of law.
The provisions in CrPC are there to maintain trust of general public in rule of law and repose faith back into the judicial system. Even judges handle these matters with clear concise and utmost integrity to maintain sacrosanctity of the institution.
If you wish to transfer criminal case from one district to another district in Punjab and Haryana or Session Judge has rejected your application of transfer from one Criminal Court to another Criminal Court then LegalSeva may be of great help to you. Dial 99888-17966 for quick legal assistance are you may right at [email protected]
