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socially backward (Social worker)     15 November 2013

Tranfer of cases from one acjm court to another.

Dear all,

My Question to the forum is,

in a criminal case(498A,IPC),can the case be transferred to the residential district court of the petitioner/complainant from the district court(ACJM) of the place of occurrence of the incident ,which is almost 100km away from the place of residence of the petitioner and she is facing inconvenience to go there for deposition?

If yes,How to proceed?

urgent.thanks.



Learning

 6 Replies

Advocate M.Bhadra   15 November 2013

file an application in the District and Session Judges Court,failing which in the High Court.

Power of transfer of Sessions Judge and District Magistrate—Under Section 528(2) of the Code [Sections 410(1) and 411(b) of new Code], a District Magistrate also has general power to withdraw any case from any subordinate Magistrate and either try it himself or refer it for trial to another subordinate Magistrate. The new sub-section (1C) enables any Sessions Judge to transfer a case from one Criminal Court to another Criminal Court in the same Sessions division when an application has been made to him in this behalf and when he is of the opinion that it is expedient for the ends of justice to do so. It may be noticed that in sub-section (1C) the words used is „Court‟ and in sub-section (2) the word used is „Magistrate‟.

3. Section 528(5) of the Code [See Section 412 of new Code] requires that a Magistrate making an order under the section shall record in writing his reasons for making the same. This applies to all cases whether the order of transfer is made as a result of application or on the Magistrate‟s own motion or on administrative grounds.

 

Power of High Court re-transfer of cases—Under Section 526, Criminal Procedure Code [See Section 407 of new Code], the High Court has power to transfer any case from one Court, subordinate to it to another on any of the grounds specified therein. This power of transfer extends to all classes of cases. In view of the amendments made in Sections 526 and 528 of the Code [See Sections 408-412 of new Code] by Act No. 26 of 1955 no application shall now lie to the High Court for the transfer of a case from one Court to another Court in the same Sessions division unless an application for such transfer has been made to the Sessions Judge and has been rejected by him.

1 Like

T. Kalaiselvan, Advocate (Advocate)     15 November 2013

If the transfer  of a case is to be effected within the district, the District court itself will be competent authority for the purpose, or if you desire to approach high court for the purpose there is no bar for that.

1 Like

socially backward (Social worker)     15 November 2013

the place of occurrence and the proceeding of the case  is going on in one District and the place of residence of the petitioner is in some other district(100 km away).She and her father has to depose while her father is a physically ill and aged person not able to take journey and depose.should she file the petition to LD ACJM of the court where the case is going on or directly approach the High Court of the state?

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     15 November 2013

if there is only districts difference then the HC otherwise SC

1 Like

T. Kalaiselvan, Advocate (Advocate)     15 November 2013

You have to approach only high court for relief

laxmi kant joshi (instructor)     15 November 2013

You have to move application before high court of yours jurisdiction .
1 Like

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