The high court has the discretion to transfer case Suo Motu even without having any application to transfer. If the party show mistrust towards the presiding officer of the court or there is a danger to his life or fair trial cannot be held than he can submit this application and upon this high court can transfer the case. Application By Any Interested PartyĪpplication for transfer can be filed by any party mentioning the grounds in it which are explained above. High court while considering the importance of this report can transfer criminal cases from one court to another or to itself. Then the lower court always consults with the high court and for this purpose, they make a report. When any matter arises to determine any difficult question of law. There are three mods to file a transfer petition in criminal cases Then the high court must adopt the same rules and procedures which the lower court has adopted. When any case is withdrawn from any of its subordinate courts and is tried by itself. Any accused person can be sent to another session court or to itself for trail.Any particular case or class of case or appeal be transferred from one subordinate court to another.If any of the above-ground exists in any case than the high court can order that The convenience of the party or witness.A difficult question of law has arisen which cannot be decided by the lower court.That a place where the offense took place is far away from the place of court and the court wants to view the occurrence.That a fair or impartial inquiry or trial cannot be had in any subordinate criminal court.There are five grounds of transfer that a party can take if the parties suspect that a fair justice will not be served. Section 526 of the criminal procedure code explains the procedure Grounds For transfer Of Criminal Case Transfer of Criminal Case By Provincial Government.Transfer of Criminal Case Through High Court.Only three provisions relating to the transfer of the case can be found in criminal law. There are three modes of transfer of a case under Cr.PC. Mere allegation is not a ground for the transfer of case, some concrete proof has to be given in court. Because parties can also file an application for the transfer of a criminal case from court to another court, district to another district or province to another province.Ĭourt has the absolute authority to transfer criminal case from one district to another. That every offense shall ordinarily be inquired into and tried by a court within the local limits of whose jurisdiction it was committed. The principle which is laid down in section 177 of the code of criminal procedure is very much clear.
Parties or witnesses can submit an application for the transfer of a criminal case under Cr.PC if they feel insecure, threaten or inconvenient.
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