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Legal_Help (Consultant)     09 August 2011

Transferring criminal cases

Hi,

I want to know:

1. what are the grounds of transferring criminal cases from one state to other under crpc 406?

2. If the case if at charge framing stage in trial court where accused has already been fined for not appearing in trial court, can it still be transferred?

3. Accused in 28 years old and applicant if 65 years old cancer patient. Applicant being cancer patient staying with his 60 years old wife who also hasa got health issues, its very tough for him to travel from one state to other because of his health and also because he cant leave his wife alone at home. Also applicant has to travel to mumbai every six months for his cancer check up and all. Will the supreme court consider this and will not transfer the case?

4. Accused is just trying to delay the proceedings as once it gets trasnferred to his state, he knows it very welll that applicant wont be able to follow up with the case. Accused has applied for transfer only after his quashing petition for the same case has been dismissed in High Court and then in supreme court.

5. Accused has wrongly mentioned that he is working in a different state. Applicant knows it well that he works in the same state where the trial is pendning. Accused lawyers has said the same thing in trial court during proceedings but we dont have any proof. what to do in such case?

6. Accused has got connection with very senior beaurecrats in other state and applicant is scared that if he goes there then accused may get him implicated into false case. Accused has mentioned his address as one of the very senior IAS officer in the transfer petition.

Please lsend me your response on above queries.



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