Legal Question in Criminal Law in India

Dear client to transfer case within state u have to file transfer petition in high court. To transfer case from one state to another have to file transfer petition in supreme court. For any legal help call me

Adv prasad patil

9604349028

8446247807

Sir

First of all what is the nature of case, is it Criminal Case or Civil Suit.

Transfer of a Civil Suit is governed by S. 24 of CPC. You have to justify the facts warranting transfer of a Civil Suit, may be due to territorial jurisdiction, contract clause, convenience etc. To transfer, within same state, file Petition before the High Court of your State, and if the Transfer is inter state, then file Petition before the Supreme Court.

So far so Criminal Case is concerned, it is governed by Section 407-412 of the Cr.P.C. Same way you have to justify the fact that how the transfer is warranted and in the interest of justice.

The Court will be guided by the factor as to whether a fair and impartial inquiry or trial cannot be had in the concerned Criminal Court, or some question of law of unusual difficulty is likely to arise; or trial of case by particular court will tend be the general convenience of the parties or witnesses, or is expedient for the ends of, justice.

If court is satisfied with any of the ground, it may order transfer.

Same procedure to apply as in Civil Suit i.e. to High Court if within state, or to supreme court if inter state

Feel free to contact, should you have any question.

Vivek N Mapara

www.vnmlaws.com