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LoneFighter (IT)     23 August 2014

Regarding b report

Hi experts,

I was just wondering, What is called B-report. I heard that if police submit b-report, it means they do not have evidence that accused can be framed of the charges in the FIR. please explain in regard with AP state.

Can we transfer the case from one state to other state..?

If we have to transfer the case, what reasons are valid for case transfer. 

 

Thanks,



Learning

 5 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     23 August 2014

Final Report means " B " report i.e., false report.  When police have filed a B report you will have to file an objections and     you will have to lead your evidence to get issue summons to the accused.

The court will decide about the transfers of the cases as per the jurisdictions of police station.

Ashok, Advocate (Lawyer at Delhi)     23 August 2014

Yes, a criminal case can be transferred from one state to another. For this purpose, a transfer petition is required to be filed before the Supreme Court under Section 406 of the Criminal Procedure Code. Sub-section (1) of this Section is reproduced as under, which also shows the wide nature of this power:

"-(1) Whenever it is made to appear to the Supreme Court that an order under this section is expedient for the ends of justice, it may direct that any particular case or appeal be transferred from one High Court to another High Court or from a Criminal Court subordinate to one High Court to another Criminal Court of equal or superior jurisdiction subordinate to another High Court."

LoneFighter (IT)     24 August 2014

Thanks Mr. Ramachary and Mr. Ashok. 

A1 works in Place P1

A2, A3 are old and there is a very old person at home with them who has to be taken care. 

Complainant tried to file case in some other place P2 initially and the police station people denied stating that the whole set of incidents happened in Place P1. 

Later complainant filed a case at her home town and just to make the case come under her home jurisdiction, she made up a big story that some incident has happened at her place. We don't have proof that it did not happen neither they would not be having any proof that it happened, since the incident never actually happened. its just a oral statement as of now she is giving.

I have read articles that supreme court is in favor of women when it comes to transfer of cases from one state to other, but.. i just want to try it under the grounds given below.

1) A1 working in P1

2) A2 A3 can not leave home together for one whole day since there is a old women and she needs some one at home. she is bed ridden. if a case is transferred to P1, the old women can be left at relatives place when ever there are court hearings.

3) Her home town, they have influence and can manipulate people. <not sure if this can be used as a point>

4) The court is in a small town and the case, since its related to women is being dealt partially and already behaving as if the accused is convicted even before the trial. bail pleas of a2 and a3 were turned down even though police gave clean chit to them. <not sure if this could be a valid reason or can this be argued in court>

Thanks,

Ashok, Advocate (Lawyer at Delhi)     24 August 2014

You are right. Generally, the Supreme Court is more sympathetic to the women in matters relating to transfer of cases, though that is not an absolute rule. Ultimately, the success will depend upon the facts of the case.

LoneFighter (IT)     27 August 2014

Thank you Sir.


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