Transfer of case from one state to other on workplace grounds

[Manasvi Pandey]

Respected sir,
Just saw this page’s questions and answers . I thought that this is the best place to question a query , as I have asked many a lawyers and most of them gave unsatisfactory replies.

Sir, I am a resident of Dundahera, Gurgaon. I filed a case under section 498A,406,323 against my husband and in laws and court proceedings are going on. Sir, My father and 2 brothers work in a factory in Delhi. They often face problems taking me to Court Dates due to mandatary attendance etc.

Sir, Is there any provision of transferring the CASE to Delhi so that they could escort me to Court Dates easily ? Is there any clause of transfer of CASES on the grounds of work location of family members OR complainant’s job location?

[Dr. Ashok Dhamija]

The power to transfer a criminal case from one state to another is with the Supreme Court under Section 406 of Cr.P.C., which is reproduced below:

“406. 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.”

It is a sort of discretionary power and can be exercised on varied grounds in the interest of justice. The words “expedient for the ends of justice” used in the section are so wide that they can cover almost everything which leads to some sort of injustice or genuine hardship, etc. But, it is not sure whether or not the Supreme Court would exercise its discretionary power to transfer the case in your situation (on grounds of hardships of family members due to workplace). You have to explain as to what is the hardship being caused to you, given that the distance between the two places is not much. Moreover, it appears that you had yourself filed the complaint / FIR at the place from where you want to now get the case transferred. However, I may hasten to add that it is generally noticed that the Supreme Court is quite sympathetic to the cause of women in the matter of transfer of cases from one state to another.

Another solution to your problem could be like this. Since you are the complainant in the case and not an accused, you need not remain present on every date of the case (more so if it is a case investigated and charge sheeted by police, and not a private complaint case). You can ask for exemption from personal appearance in the case. Only when your own examination is required to be conducted in the court, you need to be present. On other dates, you may be exempted from appearance. Even otherwise, if it is a case investigated and charge sheeted by police, such case is supposed to prosecuted by the “State” and not by the complainant. So, consider seeking exemption from personal appearance. This may perhaps solve your problem.

Also see this article (which is related to your issue): Transfer of criminal case or appeal by Supreme Court from one court to another in India.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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