Power of Sessions Judge to transfer cases and appeals
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Summary
A Sessions Judge may transfer a criminal case from one Criminal Court to another within his sessions division when he considers it necessary for the ends of justice. He can act on a lower court's report, on an application by a party, or on his own motion. Certain procedural provisions of section 447 apply to such transfer applications, with one provision modified to refer to a sum not exceeding ten thousand rupees.
Example
Priya faces trial in one Criminal Court but most witnesses live in another area and cannot safely attend. She applies to the Sessions Judge to move the case to a different Criminal Court in the same sessions division. The Sessions Judge orders the transfer so the trial can proceed fairly.
Bare Act
Enacted text(1) Whenever it is made to appear to a Sessions Judge that an order under this sub-section is expedient for the ends of justice, he may order that any particular case be transferred from one Criminal Court to another Criminal Court in his sessions division.
(2) The Sessions Judge may act either on the report of the lower Court, or on the application of a party interested, or on his own initiative.
(3) The provisions of sub-sections (3), (4), (5), (6), (7) and (9) of section 447 shall apply in relation to an application to the Sessions Judge for an order under sub-section (1) as they apply in relation to an application to the High Court for an order under sub-section (1) of section 447, except that sub-section (7) of that section shall so apply as if for the word "sum" occurring therein, the words "sum not exceeding ten thousand rupees" were substituted.
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