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Zuniee (Engineer)     18 November 2016

Can principle distric court transfer 498a case

Resptected Experts Sir, 

Wife has filed 147, 498A, 323, 504, 307, and 149 of IPC against the entire family and myself in 2013, Chargesheet is done by Oct 2013, Case came to Sessions Court (due to IPC 307) in Mar 2014. Since then 4 judge changed (& all these years PP is too take adjournment though all the 7 accused were present really dont know why), finally 5th Judge framed the charges in Oct 2016 and Nov 2016 asked to issue summons to all witness.
However, all of sudden in last date my lawyer found out that original Complaint had filed court room Transfer application in Principle District Court and got the stay as well, we have not been served the notice as well, my lawyer was asking infront of judge only (at this point PP was missing in court room). (all these we were hoping that trail would commense and my lawyer was charged up fully and prepared himself so much well, but after hearing this his mood went down and my lawyer is also bit shocked but he is young and energitic to take up the challanges) .. Can you expert  please guide us on what options we have going further. Please See we didn't get any copy of application, hence don't what is her application grounds (either allegations on Judge or court or PP we don't know) 

- Can prinicple DJ transfer the case ?
- What possible grounds we can take to defend the case (though my lawyer is confidnet to face the trail any court room but in this court room he had argued so well and he was comfartable
- Is it a good time to go for quash to save mental agony of other accused (Sisters and brothers) 
- On what grounds can principle DJ send back to same court (as other courts must be busy with existing trails)
- How can we plead for speedy disposal ( are we allowed for it ? )
- if this the delay tactic, what all other tactics she can use once case is transferred to her choice court room ?

Many thanks in advance for your time..
 



Learning

 3 Replies

Zoheb Khatri (Practicing in Mumbai ZohebKhatri@gmail.com)     18 November 2016

- Can prinicple DJ transfer the case ? 

Yes


- What possible grounds we can take to defend the case (though my lawyer is confidnet to face the trail any court room but in this court room he had argued so well and he was comfartable.

Depend on application filed by Opposite party.


- Is it a good time to go for quash to save mental agony of other accused (Sisters and brothers) 

Depend on facts.


- On what grounds can principle DJ send back to same court (as other courts must be busy with existing trails)

Its Hypothetical, Cant decide 


- How can we plead for speedy disposal ( are we allowed for it ? )

File application to dispose the case.


- if this the delay tactic, what all other tactics she can use once case is transferred to her choice court room ?

Its Hypothetical, Cant decide 

 

 

 

Regads,

ZohebKhatri@gmail.com

1 Like

Samarpan (M)99958670740 (Free legal advice and legal aid cell)     19 November 2016

The District & Sessions Judge can transfer the case within his district on an application filed by one of the parties.  It is violation of principles of natural justice, if the opposite party is not given notice and opportunity to contest the application.  As any how, you are interested to get your case decided expeditiously, it is not advisable to challenge the transfer order but take steps in the transferred court to get the matter adjudicated as soon as possible.

1 Like

Zuniee (Engineer)     21 November 2016

Thank you very much respected Sir..
I don't find like button to like your answers may be tool has limitations.


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