Section 406 of CRPC "Power of Supreme Court to transfer cases and appeals"
(1) Whenever it is made to appear to the Supreme Court that an order under this section is expedient for the ends of justice, it may direct that any particular case or appeal be transferred from one High Court to another High Court or from a Criminal Court subordinate to one High Court to another Criminal Court of equal or superior jurisdiction subordinate to another High Court.
(2) The Supreme Court may act under this section only on
the application of the Attorney-General of India or of a
party interested, and every such application shall be made
by motion, which shall, except when the applicant is the
Attorney-General of India or the Advocate-General of the
State, be supported by affidavit or affirmation.
(3) Where any application for the exercise of the powers
conferred by this section is dismissed, the Supreme Court
may, if it is of opinion that the application was frivolous
or vexatious, order the applicant to pay by way of
compensation to any person who has opposed the application
such sum not exceeding one thousand rupees as it may
consider appropriate in the circumstances of the case.
Section 407 of CRPC "Power of High Court to transfer cases and appeals"
(1)Whenever it is made to appear to the High Court:--
(a) that a fair and impartial inquiry or trial cannot be had
in any Criminal Court subordinate thereto, or
(b) that some question of law of unusual difficulty is
likely to arise, or
(c) that an order under this section is required by any
provision of this Code, or will tend to the general
convenience of the parties or witnesses, or is expedient for
the ends of justice,
it may order -
(i) that any offence be inquired into or tried by any Court
not qualified under Sections 177 to 185 (both
inclusive), but in other respects competent to inquire into
or try such offence;
(ii) that any particular case or appeal, or class of cases
or appeals, be transferred from a Criminal Court
subordinate to its authority to any other such Criminal
Court of equal or superior jurisdiction;
(iii) that any particular case be committed for trial to a
Court of Session; or
(iv) that any particular case or appeal be transferred to
and tried before itself
(2) The High Court may act either on the report of the lower
Court, or on the application of a party interested, or on
its own initiative:
Provided that no application shall lie to the High Court for
transferring a case from one Criminal Court to another
Criminal Court in the same sessions division, unless an
application for such transfer has been made to the Session
Judge and rejected by him.
(3) Every application for an order under sub section (1)
shall be made by motion, which shall, excel when the
applicant is the Advocate-General of the State, be supported
by affidavit or affirmation.
(4) When such application is made by an accused person, the
High Court may direct him to execute a bond, with or without
sureties, for the payment of any compensation which the High
Court may award under sub-section (7)
(5) Every accused person making such application shall give
to the Public Prosecutor notice in writing of the
application, together with a copy of the grounds on which it
is made, and no order shall be made on the merits of the
applications unless at least twenty-four hours have elapsed
between the giving of such notice and the hearing of the
application.
(6) Where the application is for the transfer of a case or
appeal from any Subordinate Court, the High Court may if it
is satisfied that it is necessary so to do in the interest
of Justice, order that, pending the disposal of the
application the proceedings in the Subordinate Court shall
be stayed, on such terms as the High Court may think fit to
impose:
Provided that such stay shall not affect the Subordinate
Court's power of remand under Section 309.
(7) Where an application for an order under sub-section (1)
is dismissed, the High Court may, if it is of opinion that
the application was frivolous or vexatious, order the
applicant to pay by way of compensation to any person who
has opposed the application such sum not exceeding one
thousand rupees as it may consider proper in the
circumstances of the case.
(8) When the High Court orders under sub-section (1) that a
case be transferred from any Court for trial before itself,
it shall observe in such trial the same procedure which that
Court would have observed if the case had not been so
transferred.
(9) Nothing in this section shall be deemed to affect any
order of Government under Section 197.
REFERENCE AND REVISION
TRANSFER OF CRIMINAL CASES