How to get case transferred from session court
Navi
(Querist) 15 February 2013
This query is : Resolved
Sir
3 accused under section 420, 380, 465, 467, 468, 471, 120b IPC were given anticipatory bail by session judge about 6 months back. Now the same people have been again charged with similar charges of 420, 120b, 379, 465, 467, 468, 471 IPC by complaint from another party. Now the same people have put the bail which has come up with session judge again. Through some reliable sources we have come to know that accused have some understanding with session judge and accused are sure they would be granted the bail again under same offences as its same session judge.
So we want to get the case transferred but now judge being district & session Judge himself, where could we file an application to get the case transfered.
Nadeem Qureshi
(Expert) 15 February 2013
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 session's 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.
Advocate Ramesh
(Expert) 15 February 2013
Since police register a case against the accused as per receiving complaint received from a complainant, and filed section as mentioned by you. So you can't file a petition to transfer the case to some other judge. This is the duty of the PP.
Devajyoti Barman
(Expert) 16 February 2013
The mere doubt is not sufficient to transfer the case from one session to another.
You have to give cogent prima facie proof before transfer.
prabhakar singh
(Expert) 16 February 2013
Unless you directly attribute things as charge of bias against the judge which you came to know through some reliable sources that accused have some understanding with session judge and accused are sure they would be granted the bail again under same offences as its same session judge,transfer would not be allowed.
Raj Kumar Makkad
(Expert) 16 February 2013
You can't move any application as desired, however, you can definitely move an application to cancel the earlier granted bail to the accused and also can move an application in this case through the complainant party that these are the same accused persons which are invovled in a similar same and if these are allowed to be bailed out, the same shall again malign in similar type of cases which shall ultimately cause a danger to public tranquility and to even judiciary.
Raj Kumar Makkad
(Expert) 16 February 2013
Bail application should be resisted on the ground of previous case.
R.K Nanda
(Expert) 16 February 2013
file transfer application in high court but
chances are poor.
