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N.K.Assumi (Advocate)     13 April 2009

Transfer of case from one District to another District

Section 406 of the Criminal Procedure Code speak about the Power of the Supreme Court to transfer a case or appeal, and section 407 speak about the power of the High Court for transfer of a case or appeal.

                      Is it competent to move Supreme Court directly inspite of waiting for High Court's Order? Or whether we should move High Court first and thereafter move  the Supreme Court?



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 6 Replies

Swami Sadashiva Brahmendra Sar (Nil)     14 April 2009

high courts' power is with respect to inter district transfer; supreme courts' power is with respect to inter state transfer. jurisdiction of both are distinct and clear.

when transfer application is maintainable before high court, supreme court can not be approached directly.


(Guest)

I am in comformity of Dr. Tripathi here as there is a clear distinctions in roles and procedures of Apex and State HC's hence one should approach State HC first and then to Apex Court for directions on clarity if any.

N.K.Assumi (Advocate)     14 April 2009

Thank you for the clarification:

Swami Sadashiva Brahmendra Sar (Nil)     14 April 2009

thank you mr. kumar and mr. assumi.

B.N.Rajamohamed (advocate / commissioner of oaths)     15 April 2009

If it is a case of transfer of case from one district to another district the provisiion pertaining to the transfer of the case on application to the high court must be adopteed first. If the petition fails that shall be appealed to the supremem court. There shall not be any bypassing of the jurisdiction. The first available remedy must by adopted in first hand.


(Guest)

Somehow I always end up finding antidotes,  however, here are the reverse of original question asked by Sh. Assumi ji ;-)

On Territorial Jurisdiction
1) 2004 SCC (Crl.) 2134 delivered by  Hon’ble Supreme Court of India where in it was held “Lack of jurisdiction for the magistrate to deal with the matter, as no part of cause of action for initiation of proceedings arose with in his local Jurisdiction”. 
2) I 2007 DMC 297 delivered by Hon’ble High Court of Andhra Pradesh, where in it was held “no part of cause of action for initiation of proceedings arose with in the local Jurisdiction of the Magistrate”. 
3) 2007(2) ALT (Crl.) 477 (A.P) delivered by the Hon’ble High Court of Andhra Pradesh, where in it was held “no part of cause of action for initiation of proceedings arose with in the local Jurisdiction of the Magistrate”.

Kind regards,
D. Arun Kumar, New Delhi
 

 

 


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