Transfer of case

raju (Querist) 02 December 2021 This query is : Open
Victim of sexual assault her case court taken as IPC Complaint private pending for complainant evidence. Can this criminal case be transferred to another district.

Follow Query

Report Abuse

Quick Summary

This discussion addresses the possibility of transferring a criminal case, initially filed as a private complaint after an FIR, to another district. The concern arises due to the accused's influence and potential threats to the victim's safety. Experts explain that the High Court can indeed order such a transfer under Section 407 of the Criminal Procedure Code, 1973, if a fair trial is compromised or if it's in the interest of justice and convenience.

P. Venu (Expert) 03 December 2021
A question paper then a query!

Dr J C Vashista (Expert) 05 December 2021
Be clear and specific with relevant information.

raju (Querist) 05 December 2021
Dear experts FIR was registered but police investigation was impartial and court further proceeded u/s 200 i.e IPC Private complaint. The accused very influential and approachable and there is no hope of justice and also there is apprehension of loss and injury to lady victim. My query is that high court can transfer this case from one district to another.

kavksatyanarayana (Expert) 10 December 2021
As per your query, the judgment is to be delivered by the HC. You produce your relevant evidence, then you may also win the case. It all depends on the merits and demerits of the case. The influence will not work for everything.

raju (Querist) 12 December 2021
Crime against women and accused approachable within local limits to police and even court. There is also fear of death to victim. What grounds are required for applying before high court to transfer case from one district to another.

Dr J C Vashista (Expert) 12 December 2021
You may get it transferred inter district under the provisions of Section 407 of the Criminal Procedure Code, 1973
The High Court has the authority to transfer the cases when it is satisfied that:

The right to a fair and impartial trial which is guaranteed under Article 21 of the Indian Constitution can not be exercised by any of the party to the case if the case is tried by any of the courts which is subordinate to it;
Certain questions pertaining to the present matter in the court are of unusual difficulty;
The transfer of the appeal or the case is made inevitable by any of the provisions under the Code;
The order of transfer will be in the interest of the general convenience of the parties or witnesses involved in the case.

raju (Querist) 14 December 2021
Thanks Dr.JC. As crime is against women and in the interest of justice and law keeping in view genuine problem can court consider for tra transfer of case.

raju (Querist) 18 December 2021
The accused is very influence and approachable not only with police bit also in court. When applying for transfer of case can this also brought before high court.

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries