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ashok kumar (Social Worker)     06 August 2014

Transfer of criminal revison petition

Transfer of Criminal Revison Petition

 

Can an application for transfer of a criminal revision application listed for hearing before ADJ be made to the DJ?

If YES, under which Section of the CrPC is this allowed?



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 1 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     07 August 2014

Dear Querist

under section 408 of Cr.P.C the session court have power to transfer the cases.

408. Power of Sessions Judge to transfer cases and appeals.

(1) Whenever it is made to appear to a Sessions Judge that an order under this sub-section is expedient for the ends of justice, he may order that any particular case be transferred from one Criminal Court to another Criminal Court in his session’s division.

(2) The Sessions Judge may act either on the report of the lower court, or on the application of a party interested or on his own initiative.

(3) The provisions of sub-sections (3), 4), (5), (6), (7) and (9) of section 407 shall apply in relation to an application to the Sessions Judge for an order under sub-section (1) as they apply in relation to an application to the High Court for an order under subsection (1) of section 407, except that sub-section (7) of that section shall so apply as if for the words “one thousand” rupees occurring therein, the words “two hundred and fifty rupees” were substituted.


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