Transfer of Criminal Case by Supreme Court of India

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The power to Transfer of Criminal Case by Supreme Court of India is given under Section 406 of the CrPC . Section 406 of the Code of Criminal Procedure provides that Supreme Court of India may transfer any case or appeal 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. The criminal case can be a FIR, Criminal Appeal or any other proceedings.

Such petition is called 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.

Section 406 of Code Criminal Procedure is reproduced here under for ready reference:

406. Powers of the 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 exercise of powers conferred by this section is dismissed, the Supreme Court may, if it is of opinion that the applicant 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 circumstances of the case.

POWERS OF SUPREME COURT OF INDIA TO TRANSFER:

Transfer of criminal case by Supreme Court of India is done under the original powers of the Supreme Court of India by filing a Transfer Petition before the Supreme Court of India. Since the criminal case is to be transferred, it is named as Transfer Petition ( Criminal) and taken up for hearing accordingly.

Supreme Court has powers to transfer of case under Article 139 A (1) of the Constitution of India when the cases involving the same or substantially the same questions of law are pending before the Supreme Court of India and one or more High Courts or before two or more High Courts, and the Supreme Court of India is satisfied, on its own motion, or on an application made by the Attorney General of India or by any party to any such case, that such questions are substantial questions of general importance, the Supreme Court of India may withdraw the case or cases pending before the High Court or the High Courts and dispose of all the cases itself.

Transfer of criminal case by Supreme Court of India is also under Article 139 A (2) of the Constitution of India which provides that the Supreme Court of India may , if it deems it expedient to do so for the ends of justice, transfer any case, appeal or other proceedings pending before any High to any other High Court.

GROUNDS FOR TRANSFER OF CRIMINAL CASE:

In most of the criminal cases, the parties seeking transfer of the criminal case can take the grounds of the commission of the offense at a particular place. One of the most important grounds for the transfer of criminal case from one state to other is undue influence on the investigating agency or court. Most of the political cases are now a days transferred due to such reasons. The parties can also take the ground of their location and other related grounds if the same are available.

IMPORTANT TIPS RELATED TO THE FILING OF THE PETITION FOR TRANSFER OF CRIMINAL CASE BY SUPREME COURT OF INDIA

(i) Affidavit of the petitioner duly sworn is to be filed alongwith the transfer petition.

(ii) Annexures as referred to in the transfer petition are also to be filed along with court fees of Rs.2/- per annexure.

(iii) 1+5 copies of the transfer petition of criminal case are filed which are duly bound in a paper book.

(iv) No court fees is to be paid and filed alongwith the transfer petition for transfer  of criminal case by Supreme Court of India.

(v) Index of the transfer petition for transfer of criminal case by Supreme Court of India is filed at the top of the petition.

(vi) Cover page of the transfer petition is to be fixed on the top.

(vii) Application for interim relief, stay, exemption etc. alongwith the transfer petition for transfer of criminal case by Supreme Court of India be filed alongwith.

(viii) Memo of appearance, Rs. 5/- Court fee is to be filed alongwith the transfer petition for transfer of criminal case by Supreme Court of India.

(ix) A true and translated copy of the FIR, if any is to be filed alongwith the transfer petition for transfer of criminal case by Supreme Court of India.

FORMAT OF TRANSFER PETITION BEFORE SUPREME COURT OF INDIA

IN THE SUPREME COURT OF INDIA

CIVIL TRANSFER JURISDICTION

TRANSFER PETITION (CRIMINAL) No.

[Petition under Section 406 of CrPC for transfer of case NO.—–to a equal and competent court at —]

IN THE MATTER OF :

1,2,3 (Name of the Petitioner) …Petitioner

Vs

4,5,6 (Name of the Respondent) …Respondent.

WITH

I.A. No.———————-

APPLICATION FOR STAY

PAPER BOOK

(FOR INDEX KINDLY SEE INSIDE)

ADVOCATE FOR THE PETITIONER:

LIST OF DATES

( File a chronological list of dates and events leading to the filing of the transfer petition for transfer of criminal case by Supreme Court of India.)

IN THE HON’BLE SUPREME COURT OF INDIA

(CRIMINAL TRANSFER JURISDICTION)

TRANSFER PETITION NO. ————————-

IN THE MATTER OF:

POSITION OF PARTIES

PETITION UNDER SECTION 406 OF CrPC ON BEHALF OF ——————FOR TRANSFER OF THE CASE—————————TO AN EQUAL AND COMPETENT COURT AT —————–.

To,
The Hon’ble Chief Justice of India &
His companion judges of
The Supreme Court of India at
New Delhi.

The humble petition of the petitioner above named:

MOST RESPECTFULLY SHOWETH:

BRIEF FACTS: (give the brief facts of the case leading to the filing of the case for transfer of criminal case by the Supreme Court of India)

GROUNDS:

(State in brief the grounds on which the transfer of criminal case by Supreme Court of India is being sought.)

PRAYER
In the premises mentioned above, it is most respectfully prayed that this Hon’ ble Court may be pleased to:

Transfer case bearing No.————to the equal and competent court at ———–.

Pass such other and further orders as this Hon’ble Court may deem just and proper in the facts and circumstances of the case.

Drawn on: DRAWN & FILED BY

Filed on:

New Delhi

Advocate for the petitioner

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