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Case of defense personel

(Querist) 17 September 2014 This query is : Resolved 
SIR, IS THERE ANY LAW FOR THE DEFENSE PERSONNEL THAT IF ANY CASE IS FILED AGAINST ANY DEFENSE PERSONNEL THEN HE MAY SEEK THE TRANSFER OF CASE TO HIS PLACE OF POSTING. KINDLY LET ME KNOW.
ROHIT SHARMA (Expert) 17 September 2014
Dear Mr. Jagjit,

1. First you need to disclose/discuss the facts of the case to get a firm legal opinion.

2. U/s 406 & 407 of Cr.P.C. the S.C./H.C. respectively have the discretion to transfer criminal cases.

3. In matter of civil cases District courts and H.C. have the discretion to do so as u/s 24 of C.P.C. and also the S.C. also has similar discretion u/s 25 C.P.C.

4. You can choose to have private legal consultation with an advocate of your choice in the matter of such issue.
Sudhir Kumar, Advocate (Expert) 17 September 2014
Merely if the accused / defendant is defence personnel, it is no ground for transfer of case.



ajay sethi (Expert) 17 September 2014
agree with sudhir kumar
Sudhir Kumar, Advocate (Expert) 18 September 2014
had there been any such provision then the cases against defence personnel would have been just impossible to win [particularly criminal case].

on the contrary you can request deptt to post you near place of trial if possible they may agree.
Rajendra K Goyal (Expert) 19 September 2014
Agree with the expert Sudhr Kumar ji.


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