Transfer of case u sec 408 crpc

vishal (Querist) 23 May 2012 This query is : Resolved
applicant filed an application u s 408 to transfer cases to one city to another city in same district , in one case applicant is a complainant and another case applicant is accused so in this circumstances application is grant or reject

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M.Sheik Mohammed Ali (Expert) 23 May 2012
if both parties ask same court will consider the court.

adv. rajeev ( rajoo ) (Expert) 23 May 2012
may be or may not be. Definately it cannot be said because it depends on merits of the case.

R.K Nanda (Expert) 23 May 2012
It totally depends on the discretion of court to allow or reject the application.

SAINATH DEVALLA (Expert) 23 May 2012
408. Power of Sessions Judge to transfer cases and appeals.
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.
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.

But it is not mandatory,the chances of transfer are 50/50

Nadeem Qureshi (Expert) 23 May 2012
I agree with experts

Shonee Kapoor (Expert) 31 May 2012
Nothing left to be added.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

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