Transfer of criminal case

raju (Querist) 22 December 2022 This query is : Resolved
Case pertains to sexual assault molestation u/s 345 and 354(B). Police filed cancellation report and court further proceeed u/s 200 as private complaii. The accused very influence and approachable. The woman victim had to travt long distance from other State and there is also apprehension of loss and injury besides victim is unemployed. Please advise if case can be transferred at place of victim and can be applied in person

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This discussion concerns a sexual assault case where the victim, residing in another state, faces difficulties attending court proceedings. Despite a police cancellation report, the case continues as a private complaint. The victim, who is unemployed and fears for her safety, is seeking advice on transferring the case to her home state. Experts confirm that the Supreme Court can be approached under Section 406 of the Criminal Procedure Code for such transfers.

Sudhir Kumar, Advocate (Expert) 22 December 2022
The power is vested in Supreme Court and there are precedents.

SHIRISH PAWAR, 7738990900 (Expert) 22 December 2022
Hello,

Yes you have to approach Supreme Court for transfer of case from one state to other state.

kavksatyanarayana (Expert) 22 December 2022
I agree with the advice of the above experts.

Dr J C Vashista (Expert) 23 December 2022
Well advised by experts.
The victim has to approach Supreme Court u/s 406 Cr PC R/W Article 139 of Constitution of India for transfer of the case

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