Should section 323 cr.p.c.be applicable here?
Swetambara Purohit
(Querist) 23 September 2011
This query is : Resolved
In a compliant case,complaint was filed alleging commission of offence u/s 323,341,294,354,506 IPC and 3(i)(x) of SC ST (PA) Act.bt the court after the 202(Cr.P.C.) statement,framed charge under section341,323,294,354,506 IPC only and not under SC ST(PA) Act.But at the hearing stage the witnesses for the first time speak about the offence related to SC ST Act.After that the complainant filed a petition before the court to transfer the case to the Special Judge court as regards to the offence.Can This be possible n Can Sec.323 Cr.P.C. be applicable here???If yes then why??and if No then Why???
Guest
(Expert) 23 September 2011
Only after framing of charge the penal section is made out under special act then only it can be transferred. Moreover mere filing of the petition under 323 of Cr.P.C. will not itself give rise to transfer to special court. Moreover there must be a prima facie case should be made out. For which the magistrate has to seek permission from the Chief judicial magistrate and after getting permission order then only it can be transfer to special court(sessions).
Guest
(Expert) 23 September 2011
the following case law may help you
