transfer of case

Hello Mr. Dheepak Srinivasa,

I have gone through your query and fully understand your situation. Allow me to offer some advice that I believe will be helpful to you.

There is a provision that allow you to file a petition under Section 482 CrPC which allows the High Court to intervene and transfer the case to make sure that justice is served and a fair trial is given.

In case the rights being violated are constitutional for example, denial of fair trial, then you may file a criminal  writ petition in the High Court or the Supreme Court.

You must provide the evidence of procedural irregularities or biases that affected the fairness of the trial.

To effectively transfer a criminal case due to procedural irregularities or to safeguard the right to a fair trial, you must invoke the relevant legal provisions: Section 408 CrPC, which empowers Sessions Judges to transfer cases, Section 407 CrPC, granting the High Court the authority to transfer cases to ensure justice. Section 482 CrPC, allowing the High Court to exercise its inherent powers to secure justice and prevent any abuse of process; and Article 227 of the Constitution of India, which affirms the High Court’s supervisory jurisdiction over subordinate courts.

Referring to the case of P.P. Singh v. State of Bihar would be best as this case tends

to illustrate a similar situation in a good manner.

Thank you for reaching out to us, please feel free to ask any follow up questions that you may have.

Hey Dheepak,

I understand your concern regarding the ongoing procedures of the criminal case. Allow me to provide you with guidance regarding the query that might help you out.

If you feel that the current court is not following the due procedure and a fair trial is not possible, then you can file for the transfer of the case as per Section 407 of the Code of Criminal Procedure (CrPC), 1973. This will transfer the case to another court if it is in the interest of justice.

I would like to advise you to file a petition for a transfer request. However, the transfer will rely on the discretion of the court. This can be referred to the case of Maneka Sanjay Gandhi v. Rani Jethmalani (1979) as the Supreme Court held that case transfer shall be granted only when there is a reasonable cause or prejudice that may affect the fair administration of justice.

File a transfer petition to the High court of your state mentioning the reasons for seeking the transfer and please don’t forget to attach all the relevant documents that may act as voluntary evidence. 

After examining all the facts, there is a chance that the court will direct the transfer of the case to another competent court. Also, attach some relevant affidavits and relevant documentation.  

I hope I was able to provide you with an answer. Please feel free to reach out to me on LinkedIn, if needed. ( www.linkedin.com/in/pankhuri-rastogi-9221b2289 )

Thank You.