Transfer of case u/s 8 of the pocso act

RITESH RANJAN (Querist) 06 February 2022 This query is : Resolved
Respected Sir/Madam/s,
A minor girl who is also a meritorious student got a case registered U/s 8 of the POCSO Act against a Central Govt. Security Personnel in Jharkhand.
But, the unfortunate girl's father has been transferred to join a new Central Govt. Post at Tamilnadu.
Now, can the girl pray the Hon'ble Supreme Court of India to transfer the case from Jharkhand to Tamilnadu?
What are the chances of success, please guide.
Regards,
Ritesh Ranjan

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A father's job transfer from Jharkhand to Tamil Nadu has raised questions about transferring a POCSO Act case involving his daughter. The discussion confirms that the Supreme Court, under Section 406 of the CrPC, has the power to transfer criminal cases between high courts or subordinate courts in the interest of justice. The advice given suggests the victim's case is strong and an application to transfer the case to the Madras High Court should be made.

kavksatyanarayana (Expert) 06 February 2022
From 4th to 6th of this month, you have piecemeal asking queries under Sec.8 of POCSO Act. If you have any problem you may ask at a time. So is it?

RITESH RANJAN (Querist) 06 February 2022
Respected Shri KAVK Satyanarayana Sir,
If my query hurted you, I am really very sorry.
But, with new circumstances it is obvious that new queries will float.
And also, please reconsider it is related to POCSO. So, in my humble view please help on humanitarian grounds.
Regards,
Thanking you,
Ritesh Ranjan

Dr J C Vashista (Expert) 07 February 2022
Dear Mr. Ritesh Ranjan ji,
The case of victim / complainant girl is very strong and she (through her lawyer) must apply for transfer of case from Jharkhand to Madras High Court.
Thanks and regards

RITESH RANJAN (Querist) 07 February 2022
Heartfelt gratitude Dr. J C Vashista Sir.....

Advocate Bhartesh goyal (Expert) 07 February 2022
Supreme Court u/sec 406 has vide powers to transfer a criminal case/appeal from one High Court to another High Court or from one subordinate court to another subordinate court in interest of justice.Ypur case fulfills the requirements of sec.

kavksatyanarayana (Expert) 07 February 2022
Yes. The senior learned expert Dr.J.C.Vashista sir explained very clearly and I think your doubt is clarified.

RITESH RANJAN (Querist) 07 February 2022
Heartfelt gratitude towards all the experts.

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