Impact of charge framing on transfer of case
mycent
(Querist) 12 September 2016
This query is : Resolved
Dear Experts,
Pls help me in this situation.
I had applied in High Court(HC) u/s 405 for transfer of criminal case from city X to city Y based on Jurisdiction as no case of action has been shown in city Y. However in the absence of any stay order from HC, the trial court proceeded & framed charges.
Now, since the charges have been framed, what is the fate of my transfer petition pending in HC. Is there any SC judgement which says that even after framing of charges, criminal case can be transferred based on jurisdiction ?
Thanks
Surender
Raj Kumar Makkad
(Expert) 12 September 2016
High Court can even transfer after framing of charge by trial court if there are merits in your application.
Judgments are not provided here.
Ms.Usha Kapoor
(Expert) 13 September 2016
Even after framing of charges Highcourt may consider your Transfer petition and transfer the case to a different jurisdiction as per convenience of complainant. See a ?Direct 'supreme court decision which have a bearing on your case.
Page
1
REPORTABLE
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 222 OF 2015
(Arising out of SLP (Crl.) No.881 of 2014)
Kanaklata
...Appellant
Versus
State of (NCT) of Delhi & Ors.
...Respondents
by ThAKUR J
Devajyoti Barman
(Expert) 13 September 2016
Framing of charge has no bearing on the merit of transfer petition.
There is no lack of such decisions from supreme court or high court.
Kumar Doab
(Expert) 13 September 2016
You can benefit from the advise of experts.
mycent
(Querist) 13 September 2016
Thx to all experts for your utmost guidance.
Special thx to Usha ji for helping with AC judgement.
Regards
Surender
Rajendra K Goyal
(Expert) 21 September 2016
Framing of charges would have no effect on High Court order on transfer petition.
Judgment / reference cases / ruling / citation / decided cases not supplied in this section.
