Transfer petition
Paul Moses
(Querist) 19 May 2015
This query is : Resolved
Hi,
I am fighting a case in the sessions court in Bangalore under IPC 506.507 and POCSO Section 12.
One of the accused is my wife and she has filed a transfer petition in Supreme Court asking for a transfer of the case.
The case is also against the state of Karnataka and she has filed this after 2 arrest warrants being issued in her name. She ran away during the execution of the 1st Warrant and then was arrested during the 2nd warrant but took a bail in her local jurisdiction on the condition of appearance. Now she has taken this stay.
The 2nd accused is her brother who is also absconding from bangalore in another case on him under IPC 420 and 406 and has jumped bail also and is the co-accused in this case.
Do i need to raise an objection in the supreme court as the state would already raise one?
Please advise. Also any lawyers here in this forum who practice in the supreme court and could help me out. ?
B K Raghavendra Rao
(Expert) 19 May 2015
The reason for seeking transfer is not mentioned. It would not help merely transferring the case from one court to the other. Accused has to face the trial. Jumping the bail or running away is not a solution and would only aggravate the case against the accused. Surrender before the law, seek bail in the courts. If you have facts in favour of the accused, surely the accused could win.
Rajendra K Goyal
(Expert) 19 May 2015
You can bring the facts before the court. Better search for some senior lawyer.
Paul Moses
(Querist) 19 May 2015
Dear Experts, Thank You for your advise. In the said cases i am the petitioner and the accused is my wife and her brother. Anyone here in the forum who can help me in the supreme court to raise an objection to the transfer petition ?
T. Kalaiselvan, Advocate
(Expert) 19 May 2015
For supreme court lawyer, you can choose one from the LCI data base itself, there is no dearth for lawyers practicing in supreme court being members here.
Jeetender Gupta
(Expert) 20 May 2015
it is better if you are also represented in the court by your own lawyer to monitor the case and also to provide any clarification or your version if the court seeks so. However, a better opinion can only be provided if more facts of the matter are clear. Normally one has to approach the court with clean hands & if someone is defaulting or jumping bail, they are themselves affecting their bonafide.
