Siddhartha Bhattacharya (Owner) 21 July 2014
An accused person u/s 420 is enlaged on bail. The accused person feels insecured in attending trial court apprehending some attack by the complainant. What should be his remedy? Can he file application u/s 482 Cr.p.c. before the High Court for change of jurisdiction of Court? If yes, may I be supplied a sample copy of the application?
Regards.
S.N.Bhattacharya
Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com)) 21 July 2014
You can file a revision petition in High Court U/S 401 read with 482 CrPC against the state and complainant. Call a for the record from trial court High Court for better judgement. You need certified copy of the FIR.
This will be in Criminal Revisional Jurisdiction of HC.
Siddhartha Bhattacharya (Owner) 22 July 2014
Thank you Sir. After hearing the said application u/s 401 read with 482 Cr.p.c., can the Hon'ble High Court transfer the matter to some other district ?
Siddhartha Bhattacharya (Owner) 22 July 2014
I think the application should be under section 407 Cr.p.c. read with section 482 Cr.p.c. Section 407 specifically deals with the power of High Court to transfer cases or appeals.
Siddhartha Bhattacharya (Owner) 22 July 2014
I think the application should be under section 407 Cr.p.c. read with section 482 Cr.p.c. Section 407 specifically deals with the power of High Court to transfer cases or appeals.
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