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Transfer of Criminal Cases

The Code of Criminal Procedure Act, 1973 : Transfer

CHAPTER XXXI TRANSFER OF CRIMINAL CASES

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

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.


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  1. K. Anbazhagan v. State of Karnataka, 2015 SCC OnLine SC 389
  2. Nupur Talwar v. CBI, (2012) 11 SCC 465
  3. Jahid Shaikh v. State of Gujarat, (2011) 7 SCC 762
  4. Vikas Kumar Roorkewal v. State of Uttarakhand, (2011) 2 SCC 178
  5. Nahar Singh Yadav v. Union of India, (2011) 1 SCC 307
  6. Surendra Pratap Singh v. State of Uttar Pradesh, (2010) 9 SCC 475
  7. Jayendra Saraswati Swamigal v. State of Tamil Nadu, (2008) 10 SCC 180
  8. Sri Jayendra Saraswathy Swamigal (II) v. State of Tamil Nadu, (2005) 8 SCC 771
  9. K. Anbazhagan v. Superintendent of Police, 2003 (4) CTC 609
  10. Abdul Nazar Madani v. State of Tamil Nadu, (2000) 6 SCC 204
  11. A.R. Antulay v. R.S. Nayak, AIR 1988 SC 1531
  12. Gurucharan Das Chadha v. State of Rajasthan, [1966] 2 S.C.R. 678
  13. Raja Soap Factory v. S.P. Santharaj, [1965] 2 SC R 800

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407. Power of High Court to transfer cases and appeals.

407. Power of High Court to transfer cases and appeals. – (1) Whenever it is made to appear to the High Court-

(a) that a fair and impartial inquiry or trial cannot be had in any Criminal Court subordinate thereto, or

(b) that some question of law of unusual difficulty is likely to arise, or

(c) that an order under this section is required by any provision of this Code, or will tend to the general convenience of the parties or witnesses, or is expedient for the ends of justice, it may order-

(i) that any offence be inquired into or tried by any Court not qualified under sections 177 to 185 (both inclusive), but in other respects competent to inquire into or try such offence;

(ii) that any particular case or appeal, or class of cases or appeals, be transferred from a Criminal Court subordinate to its authority to any other such Criminal Court of equal or superior jurisdiction;

(iii) that any particular case be committed for trial to a Court of Session; or

(iv) that any particular case or appeal be transferred to and tried before itself.

(2) The High Court may act either on the report of the lower Court, or on the application of a party interested, or on its own initiative : Provided that no application shall lie to the High Court for transferring a case from one Criminal Court to another Criminal Court in the same sessions division, unless an application for such transfer has been made to the Sessions Judge and rejected by him.

(3) Every application for an order under sub-section (1) shall be made by motion, which shall, except when the applicant is the Advocate-General of the State, be supported by affidavit or affirmation.

(4) When such application is made by an accused person, the High Court may direct him to execute a bond, with or without sureties, for the payment of any compensation which the High Court may award under sub-section (7).

(5) Every accused person making such application shall give to the Public Prosecutor notice in writing of the application, together with copy of the grounds on which it is made; and no order shall be made on of the merits of the application unless at least twenty-four hours have elapsed between the giving of such notice and the hearing of the application.

(6) Where the application is for the transfer of a case or appeal from any subordinate Court, the High Court may, if it is satisfied that it is necessary so to do in the interests of justice, order that, pending the disposal of the application, the proceedings in the subordinate Court shall be stayed, on such terms as the High Court may think fit to impose: Provided that such stay shall not affect the subordinate Court’s power of remand under section 309.

(7) Where an application for an order under sub-section (1) is dismissed, the High 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 proper in the circumstances of the case.

(8) When the High Court orders under sub-section (1) that a case be transferred from any Court for trial before itself, it shall observe in such trial the same procedure which that Court would have observed if the case had not been so transferred.

(9) Nothing in this section shall be deemed to affect any order of Government under section 197.


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  1. Central Bureau Of Investigation v. Madan Gopal Mitra {Kolkata High Court, 15 May, 2015}
  2. Sunitha Venkatram v. Divya Rayapati {Madras High Court, 30 Mar 2015}
  3. Rattiram v. State of M.P., (2012) 4 SCC 516
  4. M. Gopalakrishnan v. Inspector Of Police {Madras High Court, 31 Aug 2009}
  5. Jamuna Devi v. District and Sessions Judge, 2007 (1) GLR 560 : 2007 (1) GLT 148
  6. Surendra Kumar v. Vijayan, 2005 (4) KLT 475
  7. In Re: District And Sessions Judge, 2005 (3) MPHT 411
  8. Subrata Paul v. Smti Ratna Gope, 2002 (1) GLJ 421
  9. A.R. Antulay v R.S. Nayak, AIR 1988 SC 1531

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

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 sessions 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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  1. Sunitha Venkatram v. Divya Rayapati {Madras High Court, 30 Mar 2015}
  2. Guntuku Vijay @ Vijay Kumar v. State of Telangana {Andhra High Court, 26 Feb 2015}
  3. Abdul Salam C.H. v. Sameera, 2007 CriLJ 1877 : 2008 (1) KLJ 255
  4. Jamuna Devi v. District and Sessions Judge, 2007 (1) GLR 560 : 2007 (1) GLT 148
  5. Surendra Kumar v. Vijayan, 2005 (4) KLT 475
  6. In Re: District and Sessions Judge, 2005 (3) MPHT 411
  7. Subrata Paul v. Smti Ratna Gope, 2002 (1) GLJ 421
  8. Deepchand v. State of M.P., 1998 (2) MPLJ 670
  9. In Re: Smt.Tarulata Kala, 1997 Crl.L.J. 1401
  10. Avinash Chander v. State, 1993 Crl.L.J. 595
  11. State of West Bengal v. Gangadhar Dawn, 1989 Crl.L.J. 563
  12. Radhey Shyam v. State of U.P., 1984 (2) Crimes 50
  13. State of Kerala v. Reny George, 1981 KLT 557

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409. Withdrawal of cases and appeals by Sessions Judges.

409. Withdrawal of cases and appeals by Sessions Judges. – (1) A Sessions Judge may withdraw any case or appeal from, or recall any case or appeal which he has made over to, any Assistant Sessions Judge or Chief Judicial Magistrate subordinate to him.

(2) At any time before the trial of the case or the hearing of the appeal has commenced before the Additional Sessions Judge, a Sessions Judge may recall any case or appeal which he has made over to any Additional Sessions Judge.

(3) Where a Sessions Judge withdraws or recalls a case or appeal under sub-section (1) or sub-section (2), he may either try the case in his own Court or hear the appeal himself, or make it over in accordance with the provisions of this Code to another Court for trial or hearing, as the case may be.


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  1. Sunitha Venkatram v. Divya Rayapati {Madras High Court, 30 Mar 2015}
  2. Kumar v. State {Madras High Court, 12 Feb 2007}
  3. In Re: District And Sessions Judge, 2005 (3) MPHT 411
  4. Raju @ Bimaldas Sindhi v. State of Gujarat, (2002) 2 GLR 1244
  5. Deepchand v. State of M.P., 1998 (2) MPLJ 670
  6. Musa Mahammad Malek v. State of Gujarat, 1995 (1) GLR 845
  7. Stare of Karnataka v. Kappurswamy Gownder, AIR 1987 SC 1354 : 1987 Cri.LJ 1075
  8. Radhey Shyam v. State of U.P., 1984 ALJ 666
  9. Avinash Chander v. State, 1983 Crl LJ 595
  10. Abdul Hamid v. State of U.P., 1982 ALJ 1448

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410. Withdrawal of cases by Judicial Magistrates.

410. Withdrawal of cases by Judicial Magistrates. – (1) Any Chief Judicial Magistrate may withdraw any case from, or recall any case which he has made over to, any Magistrate subordinate to him, and may inquire into or try such case himself, or refer it for inquiry or trial to any other such Magistrate competent to inquire into or try the same.

(2) Any Judicial Magistrate may recall any case made over by him under sub-section (2) of section 192 to any other Magistrate and may inquire into or try such case himself.


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  1. Jawahar Singh v. State of Bihar {Patna High Court, 2 Apr 2010}
  2. In Re: District And Sessions Judge, 2005 (3) MPHT 411
  3. Gautam Kundu v. State of West Bengal; 1995 CriLJ 3376
  4. Radhey Shyam v. State of U.P., 1984 ALJ 666
  5. Thottuvarambath Velayudhan v. Pottayil Aboobacker Haji, 1980 CriLJ 181

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411. Making over or withdrawal of cases by Executive Magistrates.

411. Making over or withdrawal of cases by Excutive Magistrates. – Any District Magistrate or Sub-divisional Magistrate may-

(a) make over, for disposal, any proceeding which has been started before him, to any Magistrate subordinate to him;

(b) withdraw any case from, or recall any case which he has made over to, any Magistrate subordinate to him, and dispose of such proceeding himself or refer it for disposal to any other Magistrate.

412. Reasons to be recorded.

412. Reasons to be recorded. – A Sessions Judge or Magistrate making an order under section 408, section 409, section 410 or section 411 shall record his reasons for making it.


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  • Gaurav Shukla v. State Of U.P., {Allahabad High Court, 25 Feb 2015}
  • Dillip Kumar Routray v. State, 1994 II OLR 518

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