Description

Whenever the High Court is satisfied that:

1. A fair and impartial inquiry or trial cannot be conducted in any Criminal Court subordinate to it;
2. A question of law of unusual difficulty is likely to arise;
3. An order under this section is required by any provision of this Code, or will contribute to the general convenience of the parties or witnesses, or is necessary for the ends of justice,

it may order one or more of the following:

• That any offence be inquired into or tried by a Court not qualified under sections 177 to 185 (both inclusive), but competent in other respects to inquire into or try the offence;
• That any particular case, appeal, or class of cases or appeals be transferred from a criminal Court subordinate to its jurisdiction to another Criminal Court of equal or superior jurisdiction;
• That any particular case be committed for trial to a Court of Session;
• That any particular case or appeal be transferred to and tried before itself.

The High Court may take action either upon the report of a subordinate Court, the application of a party interested, or on its own initiative.

Provided that no application for transferring a case from one criminal Court to another within the same sessions division shall be entertained unless an application has first been made to the Sessions Judge and rejected by him.

Every application for an order under Sub-Section (1) must be made by motion, supported by affidavit or affirmation, unless the applicant is the Advocate-General of the State.

When the application is made by an accused person, the High Court may direct the person to execute a bond, with or without sureties, for the payment of any compensation the High Court may award under Sub-Section (7).

The accused person making such an application must give written notice to the Public Prosecutor, along with a copy of the grounds for the application. No order shall be made on the merits of the application unless at least twenty-four hours have passed between the giving of notice and the hearing.

If the application concerns the transfer of a case or appeal from a subordinate Court, the High Court may, if it deems necessary for the interests of justice, order the proceedings in the subordinate Court to be stayed pending the disposal of the application, on terms it deems fit.

Provided that such a stay shall not affect the subordinate Court's power of remand under section 309.

If an application for an order under Sub-Section (1) is dismissed, and the High Court finds the application to be frivolous or vexatious, it may order the applicant to pay compensation, not exceeding one thousand rupees, to any person who opposed the application, as it deems appropriate in the circumstances.

When the High Court orders the transfer of a case for trial before itself under Sub-Section (1), it shall observe the same procedure as the Court from which the case was transferred would have followed.

Nothing in this section shall affect any order made by the Government under section 197.