sanjivbarnwal 07 May 2015

498a and dv ac how to transfer case from one state to other

Can Any one suggest me the process of transfer the dawry case from one state to another because i and my father both are working in other state but my sister file a case in another state. Is there any process to transfer the case. And what exctly the peocess is can anyone suggest me.

Best Regards!

Sanjiv

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4 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 07 May 2015

Dear Querist

Only the Supreme Court have power to transfer the case to one state to another state.

file a transfer petition before Supreme Court under section 406 of Cr.P.C

406. Power of Supreme Court to transfer cases and appeals.

(1) Whenever it is made to appear to the Supreme Court that an order under this section is expedient for the ends of justice, it may direct that any particular case or appeal be transferred from one High Court to another High Court or from a Criminal Court subordinate to one High Court to another Criminal Court of equal or superior jurisdiction subordinate to another High Court.

(2) The Supreme Court may act under this section only on the application of the Attorney- General of India or of a party interested, and every such application shall be made by motion, which shall, except when the applicant is the Attorney- General of India or the Advocate- General of the State, be supported by affidavit or affirmation.

(3) Where any application for the exercise of the powers conferred by this section is dismissed, the Supreme Court may, if it is of opinion that the application was frivolous or vexatious, order the applicant to pay by way of compensation to any person who has opposed the application such sum not exceeding one thousand rupees as it may consider appropriate In the circumstances of the case.

Sudhir Kumar, Advocate (Advocate) 07 May 2015

well advised.

choice is yours.

ADVOCATE TRILOK (CRIMINAL family PROPERTY topfreind@gmail.com ) 07 May 2015

This is a lengthy procedure and no possibility of results if you are accused.

But first tell us if you are accused, if so there are simple methods to raise technical issues in lower court it self and go in revision if order goes against so till revision is decided you need not attend lower court.

Consult an expert advocate dealing in such matters.