The said petition is named as Transfer Petition before the Supreme Court of India and the Supreme Court of India can transfer a criminal case from one court to the other or from one state to the other on the basis of the facts and grounds stated by the parties before the Supreme Court of India. The high court is also vested with the similar authorities to transfer a case from one court of its sub ordinance to another court of its sub ordinance or the high court may even the try the case by itself. When, in the execution of a search-warrant at any place beyond the local jurisdiction of the court which issued the same, any of the things for which search is made, are found, such things, together with the list of the same prepared under the provisions hereinafter contained, shall be immediately taken before the court issuing the warrant, unless such place is nearer to the Magistrate having jurisdiction therein than to such court, in which case the list and things shall be immediately taken before such Magistrate; and unless there be good cause to the contrary, such Magistrate shall make an order authorising them to be taken to such court. The magistrate in the district should use the extensive discretion given to them to divert the course of the procedure from its ordinary channel only when it is absolutely necessary for interests of justice that they should do so. Assistance in securing transfer of persons 1 Where a court in India, in relation to a criminal matter, desires that a warrant for arrest of any person to attend or produce a document or other thing issued by it shall be executed in any place in a contracting State, it shall send such warrant in duplicate in such form to such Court, Judge or Magistrate, through such authority, as the Central Government may, by notification, specify in this behalf and that court, Judge or Magistrate, as the case may be, shall cause the same to be executed. Persons in charge of closed place to allow search.
Procedure where Court considers that case should not be dealt with under section 480 483. The Court allowed the transfer petition in the absence of any objection on behalf of the respondents and their non-appearance even after service. Let us see what our members will say in the matter. Power to record statements and confessions 165. Criminal Procedure Code is procedural law. Although the trail court may ensure the Supreme Court about maintaining the principle of fair and equity, but the Supreme Court would take all reasonable measure to transfer that case to some other court which may be either to the court of same competence of may be court lower or higher competence.
Record in other cases Evidence given in English Memorandum when evidence not taken down by the Magistrate or Judge himself 357. A Full Bench of the Lahore High Court has, however, taken a contrary view, holding that such an order can be deemed to take effect only when it is communicated to the lower Court, and that any proceedings taken by the lower Court before receiving a copy of such order are, therefore, not null and void. Rajasthan: In section 24, for sub-section 6 shall be substituted by the following, namely. Person arrested to be informed of grounds of arrest and of right to bail. The following sub-section shall be submitted. It was held that the mere convenience of the parties or anyone of them may not be enough for the exercise of power, but it should even be shown that trial within the chosen forum can lead to denial of justice. These facts are generally not disputed.
Security for unexpired period of bond. Ins, by Act 25 of 2005, sec. मामले मजिस्ट्रेट के हवाले करना sec 192. When attendance of witness may be dispensed with Issue of commission and procedure thereunder 504. Judgment when to be translated 373. Transfer of cases from one court to another would also ensure that the litigant parties are assured to the justice done to them.
High court while considering the importance of this report can transfer criminal cases from one court to another or to itself. The Magistrate may, if he sees sufficient cause, dispense with the personal attendance of any person called upon to show cause why he should not be ordered to execute a bond for keeping the peace or for good behaviour and may permit him to appear by a pleader. The provisions of section 428 shall apply, for setting off the period of detention undergone by the accused against the sentence of imprisonment imposed under this Chapter, in the same manner as they apply in respect of the imprisonment under other provisions of this Code. No appeal in petty cases 414. Explanation A Sessions Judge cannot withdraw or recall a case or an appeal pending before a Judge which has been partly head by him. Proof of service in such cases and when serving officer not present. The Court did not find the petitioner's plea that the situation at Gauhati posed a danger to his life, as sufficient ground for ordering transfer, as the same would apply to the other side also.
Letter of request to competent authority for investigation in a country or place outside India. Any judicial magistrate may under the light of section 192 2 of the Cr. It is true that in cases of dissolution of marriage, restitution of conjugal rights or maintenance, this Court shows much indulgence to the wife and ordinarily transfers the case to a place where it would be more convenient for the wife to prosecute the proceedings. Inquiry by Magistrate into cause of death. Civil Law The Civil laws are the laws which relate to disputes between individuals, individual and a company, individual and an organization, or organization against any organization. Procedure in respect of person present in Court 114. Period of detention undergone by the accused to be set off against the sentence of imprisonment.
On the trial, A gives false evidence against B, intending thereby to cause B to be convicted of a capital offence. Conclusion The transfer of case from one court to another may not change the nature of the trail or the relief nor does it changes the subject position but with the addition of such provisions the legislature and the judiciary imparts a huge impression on the subject about the principle of equity and good conscience. In 45 states, the maximum age of juvenile court jurisdiction is age 17. Ordinary place of inquiry and trial. When a charge containing more heads than one is framed against the same person, and when a conviction has been had on one or more of them, the complainant, or the officer conducting the prosecution, may, with the consent, of the court, withdraw the remaining charge or charges, or the court of its own accord may stay the inquiry into, or trial of, such charge or charges and such withdrawal shall have the effect of an acquittal on such charge or charges, unless the conviction be set aside, in which case the said court subject to the order of the court setting aside the conviction may proceed with the inquiry into, or trial of, the charge or charges so withdrawn. Explanation :- A servant is not a member of the family within the meaning of this section.
The punitive action of the civil law would in the form of compensation. Words in charge taken in sense of law under which offence is punishable. High Court to decide, in case of doubt, district where inquiry or trial shall take place. Security for good behaviour from suspected persons. But in Central Coat Fields v.
If you like it then please contribute any tiny amount to keep it clean, ad-free and online. When the proceedings have been instituted upon complaint and any day fixed for the hearing of the case, the complainant is absent and the offence lawfullly cmpounded or is not a cognizable offence, the Magistrate may in his discretion, notwithstanding anything herein before contained, at any time before the time has been framed, discharge the accused. Conviction on plea of guilty. Kerala: In section 11, after sub-section 1 , the following sub-section shall be inserted, namely. Prosecution of Judges and public servants. Section 406 of Code Criminal Procedure is reproduced here under for ready reference: 406. What is Making over of cases to Magistrates? Protection against prosecution for acts done under preceding sections.