Court : Supreme Court of India
Reported in : 2009(57)BLJR2579; JT2009(7)SC187; 2009(7)SCALE382; (2009)6SCC260; 2009(6)LC2670(SC)
..... the court to be a reasonable one.14. in the light of the above principles, let us analyse the claim of both parties and find out whether the criminal trial is to be transferred to other state. it was pointed out that with respect to offences committed during the period between 1997-2002, the time when the first respondent was the chief ..... superior jurisdiction subordinate to another high court.8. before considering the rival claim of both parties, it is useful to refer some of the decisions of this court relating to transfer of a criminal case from one state to another.9. in k. anbazhagan v. superintendent of police and ors. : 2004crilj583 , this court had an occasion to consider the ..... . however, if justifiable and reasonable apprehension of miscarriage of justice and likelihood of bias is established, undoubtedly, the proceeding has to be transferred elsewhere by exercise of power under section 406 cr.p.c. for a transfer of a criminal case, there must be a reasonable apprehension on the part of the party to a case that justice will not be done. it ..... transfer of a criminal trial from the state of tamil nadu to another state, a two judge bench, after going into the factual details, particularly, the change of government, attitude of the public prosecutor .....Tag this Judgment!
Court : Allahabad
Reported in : AIR1957All278; 1957CriLJ495
..... advocate general or government advocate, such officer as the state government may. from time to time, appoint in this behalf. if ah advocate general makes a motion for the transfer of a criminal case on any of the grounds mentioned in clause (b) to (e) of sub-section (1) of section 526 there may be no necessity for his filing an affidavit ..... the state subject to the limitations i have mentioned above. 10. another general consideration which suggested, itself to me in connection with this application is whether an application for the transfer of a criminal case by the state on the ground that it did not expect a fair and impartial inquiry or trial from any particular ..... trial court by the public prosecutor on behalf of the state that it desired to move an application for transfer under section 526, criminal p. c., the court is not bound to take it for granted that the state would necessarily make a transfer application within a reasonable time. the court may have its reasons to consider that the request is probably not ..... deserve consideration for the proper judicial administration in the state and the country. 11. sub-section (1) of section 526, criminal p. c. does not refer to the way in which the high court is to be approached for the transfer of a case. it only lays down that when certain facts appear to the high court it may pass certain orders .....Tag this Judgment!
Court : Mumbai
Reported in : 2008CriLJ2940
..... in the presence of the parties to that writ petition. however, to circumvent that order, the petitioners in criminal writ petition no. 1877 of 2007 filed criminal application no. 390 of 2007 in criminal writ petition no. 1278 of 2007 seeking transfer of criminal writ petition nos. 1278 of 2007 and 1877 of 2007 from the principal seat at bombay to the aurangabad ..... on 7th january, 2008.4. the two accused in the case viz. damodar jagannath lokhande and liladhar purushottam narkhede filed another petition being criminal writ petition no. 1877 of 2007 (which was renumbered upon transfer, original number being criminal writ petition no. 578 of 2007). in this petition, the petitioners had prayed for quashing and setting aside the order dated 28th september ..... be heard at principal seat, we see no existence of compelling circumstances either in equity or in law which would justify re- transfer of these cases to the bench at aurangabad. even if the provisions of the criminal procedure code were to be strictly applied to the proceedings filed before the aurangabad bench, still then in accordance with the provisions of section 407 ..... merit or otherwise of this application, reference to necessary facts can be made at the outset. one smt. rajani vishram patil had filed criminal writ petition no. 646 of 2005 praying that a direction be issued for transferring the investigation of crime no. 242 of 2005 registered at zilla peth police station, jalgaon, against the four accused to the central bureau .....Tag this Judgment!
Court : Supreme Court of India
Reported in : 2009CriLJ4107; JT2009(12)SC490; 2010(I)OLR(SC)341; (2009)9SCC414
..... facing trial before the courts concerned would be dealt with very fairly.19. we would, however, request the district judges of chandigarh and ludhiana to consider the desirability of transferring all the criminal matters (as far as practicable and legally permissible) to one court so as to enable them to be dispose (sic) of one after the other. we are, furthermore, of ..... that the company and its officers have unfairly been treated.15. mr. bhatt, learned counsel appearing on behalf of the respondents, on the other hand, would urge that for transfer of a criminal case, there must be a reasonable apprehension on the part of a party to a case that justice would not be done which the petitioners have failed to do ..... ten firs pending against the parties and investigation in six of the cases has resulted in charge sheet being filed against the parties.13. the petitioner also prayed for transfer of all criminal cases pending in various courts of punjab including the high court of punjab and haryana at chandigarh between the parties, which may not be in the knowledge of the ..... have been filed in the ludhiana courts by the company itself. indisputably, it has an office at ludhiana.17. although section 406 of the code of criminal procedure empowers this court to transfer a criminal case from one court situated in one state to another situated in another state but indisputably the convenience of the parties including the witnesses to be produced at .....Tag this Judgment!
Court : Guwahati
..... framed under the act of 1874.we cannot find anything in the rules framed by the governor of assam which authorises the governor of assam to transfer a criminal case pending in one of the courts of the naga hills district to a court outside the naga hills district....it is plain that as the ..... prosecution witnesses, 6 reside in calcutta, 3 in shillong, and the remaining witness in new delhi.3. we bad occasion to consider the question of transfer of a criminal case ponding before a magistrate of kohima in the naga hills district in the case of one krishna prasanna chakravarty. in our judgment, which is reported in ..... governor of assam himself had no power to transfer a ease from a criminal court in the naga hills district to a court outside that district in the province of assam, this court which is enabled to exercise such ..... 22 is still in force, contended that even so, rule 22 which enables this court to invoke the spirit of the code of criminal procedure, empowers us to make an order of transfer from the naga hills district to any other district in the province of assam, rule 22 is in these terms;22. the ..... l.j. 147, should not be regarded as an impediment to revising our view, so aa to enable us to make an order of transfer under the pro-visions of section 626, criminal p.c. while it is true that the scheduled districts act of 1874 has been omitted by the adaptation order of 1937, never, .....Tag this Judgment!
Court : Allahabad
Reported in : (1897)ILR19All249
..... court of the district magistrate of allahabad without any further direction being given in the order. personally, i have always understood that, when the high court made an order of transfer in a criminal case to the court of a district magistrate, it gives by that order full power to the court of the district magistrate to which the ..... district magistrate, it will be understood that, unless the contrary is directly expressed, the magistrate of the court to which the transfer is made has power and jurisdiction to apply section 192 of the code of criminal procedure and to transfer the case to the court of any magistrate subordinate to him who may be competent to try it.2. in the present ..... add that, both as a judge of this court and formerly as a district magistrate, i was always under the impression, and acted upon that impression, that when a criminal case was transferred by the high court from any court in one district to another district that transfer in no way limited the' jurisdiction of the district magistrate to whom the case was ..... transferred to act under the provisions of section 192 of the code of criminal procedure. that opinion i still entertain, but, as i have already said, i am willing in future to adopt the .....Tag this Judgment!
Court : Allahabad
Reported in : 1990CriLJ677
..... , to make a reference of american jurisprudence (volume 21, 2nd edition para 415) which deals with change of venue or scope of transfer application in criminal matters. 'the courts are deemed to have inherent power to direct the change of venue in order that an accused may have fair ..... indicates that section 407 enacted with a view to enable the parties to criminal cases to make an application for transfer in case that party apprehends that he cannot get fair and impartial enquiry or trial. the elementary rule of interpretation ..... create reasonable bias in the minds of the accused in the defamation case and the supreme court would be extremely slow to allow a transfer on such a ground. however, on another ground namely that the atmosphere was surcharged with communal tension in that area, it was considered ..... bihari singh, air 1958 sc 309 was a case where the magistrate, who was trying a defamation case against certain christians, had, in a criminal case filed earlier, against the complainant by certain christians, acquitted the complainant in appeal disbelieving the prosecution evidence and relying upon the defence evidence, it ..... impartial inquiry or trial cannot be had in any criminal court subordinate thereto, it may order,(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.'a bare reading .....Tag this Judgment!
Court : Himachal Pradesh
Reported in : AIR1962HP59
..... petitioner because of the delivery of the speeches by him. the petitioner, has not filed a copy of the application which he submitted to the supreme court for the transfer of the criminal cases pending against himto some place outside the territory of himachal pradesh or a copy of the affidavit filed in support of that application. it is, therefore, not known ..... his administration. (2) that the petitioner had made allegations imputing partiality to the lieutenant-governor in the application which he moved in the hon'ble supreme court for the transfer ot two criminal cases pending against him. 17. the respondent has in the reply submitted by him stated that to his knowledge the petitioner had made two speeches only in which his ..... pradesh secretariat and shri c. l. rajput private secretary to the respondent. the affidavits which were sworn in reply to the application made by the petitioner for the transfer of the two criminal cases pending against him have been annexed to the affidavit sworn by shri joseph dina nath.4. in view of the contentions raised n behalf of the parties, the ..... the lieutenant-governor. it may, however, be assumed that the petitioner had alleged in the affidavit filed by him in support of the application for transfer that the respondent was taking personal interest in the criminal cases pending against him (the petitioner) and because of his influence he did not expect justice at the hands of the courts in the himachal pradesh .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : 2002(2)ALD78
..... in these applications.2. application no. 179 of 2001 has been filed by the official liquidator to direct the first respondent herein to transfer criminal complaint no. 1026 of 2000 on the file of the judicial magistrate of first class, nagpur to this court and to order costs ..... in c. v. ratnam v. government of a.p.27. for the reasons aforementioned, we hold that the company court has no jurisdiction to transfer a criminal case from one state to another and the expression 'other legal proceedings' occurring in section 446(1) of the companies act, 1956 does not ..... court alone has been conferred with the power to transfer a criminal case from one state to another under section 406 of criminal procedure code. therefore, in our opinion, such power cannot be exercised by a company court.12. the question as to whether the ..... premise, the learned counsel would contend that the prosecution initiated in the court of judicial magistrate first class at nagpur cannot be directed to be transferred to the company court in exercise of powers under section 446 of the companies act. strong reliance has been placed on the decisions in nagarjuna ..... any suit, prosecution, or other legal proceedings - civil or criminal on behalf of the company that has been wound up.11. a bare perusal of the aforementioned provisions would clearly go to show that in terms thereof, transfer of a criminal case from one state to another is not contemplated. the supreme .....Tag this Judgment!
Court : Supreme Court of India
Reported in : 2006CriLJ3281; 2006(II)OLR(SC)274; 2006(4)SCALE195; (2006)9SCC714
..... opinion that in the interest of justice and fair play and more particularly in the interest and for the convenience of the parties, the prayer of the petitioners for transfer of the criminal case from the court of the learned magistrate, phillour, jalandhar (punjab) to the court of learned chief judicial magistrate, barpeta (assam) deserves to be allowed.11. accordingly, p. ..... judicial magistrate, barpeta (assam).2. the brief facts leading to the filing of the present transfer petition are that fajlor rahman @ mohamod fajloo @ raju, petitioner no. 1 herein, is a permanent resident of district barpeta, assam. he is employed as a truck driver. he has ..... order1. this petition under section 406 of the criminal procedure code, 1973 read with order xxxvi of the supreme court rules, 1966 is filed by the petitioners seeking transfer of p.s. case no. 21/2005 (titled state v. mohamod fajloo @ raju and ors.) pending before the learned magistrate, phillour, jalandhar (punjab) to the court of learned chief ..... s. case no. 21/2005 (titled state v. mohamod fajloo @ raju and ors.) pending before the learned magistrate, phillour, district jalandhar, state of punjab, is ordered to be transferred to the .....Tag this Judgment!