Transfer Of Cases And Appeals by Session Court | Code Of Criminal Procedure | The National TV
- by Dhyutisha-Rawat
- May 18, 2020 17:21
Transfer of cases and appeals by session court
Judiciary is the temple of justice. Anyone can go to the courts if his or her rights are violated. The main motive behind the transferring of cases is a fair trial to parties. Where a party believes that his right of the fair trial might be hampered, he may plead to transfer his case from one criminal court to another, or where the court believes that any circumstances can affect the court proceedings, it can transfer the case.
Section 408 of the code of criminal procedure provides the transfer of cases and appeals from the session judge.
Whenever it is made to appears to sessions judge that an order under this provision is expedient to meet the ends of justice, he may order that any case can be transferred from one criminal court to another criminal court in his session division only.
The session judge may act either on the report of the lower court or on the application of any party or on his own i.e., suo motu, where it believes that justice expediency may be hampered.
The provisions of sub-sections(3), (4), (5), (6), (7) and (9) of section 407 have been made applicable mutatis mutandis to applications for transfer made to the court of session, with just one alteration that maximum compensation awardable under sub-section(7) will not be rupees 1000 but only rupees 250 in cases falling under Section 400.
Section 407(5) requires an accused applicant to give a notice in writing of the application for transfer to the public prosecutor. In the absence of such notice, the order of transfer would be considered illegal and is liable to be set aside.
Section 408 relates to those cases which are originally filed in the court of either the Chief Judicial Magistrate or the Sub-divisional Judicial Magistrate and not to those which are transferred to the Additional Sessions Judge or Assistant Sessions Judge or Chief Judicial Magistrate.
A sessions Judge is required to record reasons for making an order for the transfer of a case under this Section.
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