Power of Sessions Judge to transfer cases and appeals
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Summary
A Sessions Judge can transfer any criminal case from one Criminal Court to another within his sessions division when he considers it expedient for the ends of justice. He may act on a lower court report, on an application by a party, or on his own motion. Procedure follows most of the rules applicable to transfer applications to the High Court, but the fee is reduced to Rs. 250.
Example
Priya is being tried in a Criminal Court across town but most witnesses live nearer another court. She files an application to the Sessions Judge asking to transfer the trial to that nearer court. The Sessions Judge can order the transfer and will consider her application under the procedural rules similar to those for transfer to the High Court, with the fee treated as Rs. 250.
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 407 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 407, except that Sub-Section (7) of that section shall so apply as if for the words “one thousand” rupees occurring therein, the words “two hundred and fifty rupees” were substituted.
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