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Zuniee (Engineer)     30 November 2016

Crpc 408 and principal judge authority

Respected Sirs,
Does Principal Sessions Court has authority to transfer a criminal (498A + 307) case under CrPC 408 to any of other sessions court in same premises ?

Complainent's ground for the transfer petition  : On one date, in Open court sessions court judge was pleased to express views against the case of  prosecution case and further has expressed its adverse opinion regarding the case of the coplainnant without concluding trial and evide and dispose of the case as early as possible.

Background After 3 years of submitting the chargesheet 4th Sessions Court framed charges and issued summons to Complaint and to delay the matter complainant filed this transfer application in Principal Sessions Court.
My local advocate is telling me that Principal DJ 1) doesn’t have authority to hear this case 2) Court will be with same cadre + just admin authorities but he will not have authority to Stay the matter and transfer to another court in his premises.



Learning

 3 Replies

adv.bharat @ PUNE (Lawyer)     01 December 2016

!) yes

2) Yes

Will u appreciate this answer by giving like on my LCI profile?

P. Venu (Advocate)     03 December 2016

What is the real issue?

Zuniee (Engineer)     08 December 2016

Real issue is, after putting a false case on me and my family complaint doesn’t want to come to court and provide the evidence neither allowing court to dispose the case. Taking adjournments frequently and now has filed this frivolous transfer petition to cause another 6/8 months delay.

any help / guidane will do sir.


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