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How do you transfer criminal case?

How do you transfer criminal case?

Under Section 407 of the criminal procedure code 1973 define the power of the� high court to transfer a case or appeal, from one court to its subordinance to� another court of its subordinance or the high court may try the case by itself.

What is CrPC in simple words?

The Code of Criminal Procedure commonly called Criminal Procedure Code (CrPC) is the main legislation on procedure for administration of substantive criminal law in India. It was enacted in 1973 and came into force on 1 April 1974.

What is Section 482 CrPC?

482. Saving of inherent powers of High Court. Nothing in this Code shall be deemed to limit or affect the inherent powers of the High Court to make such orders as may be necessary to give effect to any order under this Code, or to prevent abuse of the process of any Court or otherwise to secure the ends of justice.

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What is jurisdiction under CrPC?

Any offence of criminal misappropriation or of criminal breach of trust may be inquired into or tried by a Court within whose local jurisdiction the offence was committed or any part of the property which is the subject of the offence was received or retained, or was required to be returned or accounted for, by the …

What is transfer of criminal cases under CrPC?

Transfer of cases and appeals by the Sessions Judge – Section 408 CrPC. Section 408 of the Criminal Procedure Code provides the power to the Sessions Judge to transfer a case from one criminal court to another criminal court in his sessions division.

Can a criminal case transfer from one court to another?

Under section 526, Criminal Procedure Code, the High Court has power to transfer any case from one Court, subordinate to it to another on any of the grounds specified therein. This power of transfer extends to all classes of cases.

Is Section 354 IPC compoundable?

Section 354 of IPC is compoundable with the permission of the Court and in this premises, the application ought to have been allowed.

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What Crpc 483?

483. Duty of High Court to exercise continuous superintendence over Courts of Judicial Magistrates. Every High Court shall so exercise its superintendence over the Courts of Judicial Magistrates subordinate to it as to ensure that there is an expeditious and proper disposal of cases by such Magistrates.

What is Section 397 of CrPC?

(1) The High Court or any Sessions Judge may call for and examine the record of any proceeding before any inferior Criminal Court situate within its or his local jurisdiction for the purpose of satisfying itself or himself as to the correctness, legality or propriety of any finding, sentence or order,- recorded or …

What Crpc 188?

188. Disobedience to order duly promulgated by public servant. Illustration An order is promulgated by a public servant lawfully empowered to promulgate such order, directing that a religious procession shall not pass down a certain street.

What is section 407 of the Code of Criminal Procedure 1973?

Section 407 in The Code Of Criminal Procedure, 1973 407. Power of High Court to transfer cases and appeals. (a) that a fair and impartial inquiry or trial cannot be had in any Criminal Court subordinate thereto, or

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What are the different sections of the CrPC?

Definitions CrPC Section 3. Construction of references CrPC Section 4. Trial of offences under the Indian Penal Code and other laws CrPC Section 5. Saving CrPC Chapter 2. Constitution of Criminal Courts And Offices 21 CrPC Section 6. Classes of Criminal Courts CrPC Section 7. Territorial divisions CrPC Section 8. Metropolitan areas CrPC Section 9.

Can a case be transferred to another court under CrPC?

Transfer of Cases under CrPC To secure a fair, honest and impartial trial, sometimes the transfer of a case becomes necessary. If an accused person believes (with a reasonable cause) that he may not receive a fair trial at the present court, he should be empowered with the right to have his case transferred to another court.

Can a stay affect the power of remand under Section 309?

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