Transfer of Proceeding u/s.107 Cr. P.C.

Dear Sharma, This is very interesting issue, though it appears to be small.I am of the view that question of transfer of the proceedings does not arise.As the Criminal Procedure code provides transfer of case by the Courts including the Supreme Court by either of the party interested.Here the party interested means the State or the accused, and the proceedings against a person under section 107 is not an accused person, as such transfer of proceedings under section 107 CrPc,does not arise.That is how I view the provisions.Let us see what our members will say in the matter.

Your question is like an ant hill at first glance, but in fact it is like a Himalaya Mountain:It is a task that involved total over hauling the whole of the CrPc? I am glad you have made the query.I am waiting impatiently for the responds from our learned members to join us.

transfer of proceedings from one executive magistrate to other is like transfer of investigation from one police station to another or one I.O to other or one investigating agency to another.

therefore power to transfer would lie in executive superior who has supervisory control over the executive magistrates.

In A.N. Roy v. Suresh Sham Singh, Cr. Appeal No. 703-714 of 2006, Once the Commissioner of Police is appointed as an Executive Magistrate in Brihan Bombay, he can be appointed as an Additional District Magistrate, who shall have the powers of the District Magistrate for the purpose of the District Magistrate.

Also refer to lawcommissionofindia.nic.in/101-169/Report154Vol2.pdf

Then in that case the powers for such transfers would be with Sessions Judge. However, it is like an pandora's box, very interesting que Sir ypu have asked.

Thank you very much Dr.Tripathi and dr.Arun. Now can such person proceeded with can get bail if detained by the Magistrate? Can he be released under section 436 or 437 of the CrPc, though not an accused.As far as the power of Police Commissioner is concerned I agreed that  he can be conferred with th epower of  Magistrate under section 19 (5) of the code.        

                         Now, when we talk about transfer of the proceedings, do we mean transfer of the case or the accused?

Sirs,

I think practical aspects should be given preference over academic issues.

an application for transfer can not be allowed without giving opportuinity of hearing to opposite party. in present days, the process in disposal of TA by court will not take less than a year. by then the proceedings u/s 107 itself will laps. what will remain to transfer?

Hello Sir,

I want to do local transfer (from one court number to other, locally in same premises) of criminal case (498A), for following reason (case is in Latur district, maharashtra):

1. current court runs only for 3 days (mon,tue,wed) as it is a joint court with juvenile court

2. Accused has problem in attending court on mon,tue and wed due to his job restriction. (he may loose his job due to frequent leaves on opening days of week. But he is very convenient to  attend court on Thurs,Friday or Sat.

3. Court is almost 500 km from away from place of residing of accused. Case is not on board yet.

Kindly please tell me under which section should the application should be made to Principal justice Judge.

What kind of application is required? (will it be miscallaneous application?)

Please share if someone have format or more information regarding this.

Thanks in advance.