Sec. 408 cr.p.c.

Adv. Uday Dinkarrao Patil (Querist) 23 February 2014 This query is : Resolved
witness i.e. mother of one murdered 'B' wants to file an transfer application u/s 408 of Cr.P.C. because the accused persons are influential criminals of that area & they may threaten the witnesses....still case is not committed to session's court....
Q1]whether application can be filed at this stage i.e. before committal ?
Q2]if yes, then whether all the accused are necessary party to that transfer application or only State will do?

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Devajyoti Barman (Expert) 23 February 2014
Yes is answer in both the cases.

Rajendra K Goyal (Expert) 23 February 2014
Agree, with the expert Devajyoti Barman ji.

Nadeem Qureshi (Expert) 24 February 2014
state is sufficient

T. Kalaiselvan, Advocate (Expert) 24 February 2014
Yes is the answer for the first question, State alone will be the respondent and not the accused, is the answer for the second question

Prithvi Raj Sikka (Expert) 26 February 2014
Yes if you are interested to get trail out of state then move to supreme court. If within state then move to high court. Only state can be impleaded as party.

Prithvi Raj Sikka
lawjuris09@gmail.com

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Sec. 408 cr.p.c.

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