Criminal complaint filed but court vacant

Hi Ashok,

Normally, incharge court will be there and they will record the statement of the complainant and issue summons to the accused.

Otherwise, approach chief judicial megistrate and file the complaint and that court either will record the statement, or transfer the complaint, to any other court if it finds urgrncy.

srishaila,advocate,9741425514,bangalore,sdharani120@gmail.com

Thanks Srishailaji

Let me under which section of teh CrPC should this application be made

you have to file memo or an appication for transfer of your complaint already filed , before the chief judicial megistrate, on the ground that , the court is vacant and the matter is very urgent

Thanks Srishailaji

Let me know under which section of the CrPC should this application be made

I mean is there any specific Section which allows u to do this i.e which allows u to file this kind of an application

under section 407 cr.pc

Now Common Srishailaji

Section 407. deals with the Power of High Court to transfer cases and appeals:-

How can any one make an application to the magistarte requesting him to register a complaint against the accused under this section

Yes , you are correct, it has to be fled in the high court, under secion 407, for transfer of the criminal case from one court to another court .

I have gone through the criminal rules of practice  and i didnt find any inherent provision like section 151 cpc, in that, so that we can make an application asking for relief. 

Thats why i have mentioned under section 407.But along with  this , i should have mentioned that, it has to be filed  in  the high court, sorry for in convenience

Dear Mr. Ashok 

You should filed a transfer petition before the court of session u/s 408 of Crpc

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.

 at the time of  filling this petition you should asked concerened office that the Session Judge has delegate his power to CJM or not?

if the session court has delegate the power to CJM then filed this transfer petition before CJM.

It is a practice rule and not mention in Statute as the Protest petition is not mention anywhere in statute but this application is a pratice against final Report of Police.

Feel Free to Call

Thats the precise & correct Reply

Thank You Nadeem Kureshiji