Can District and Sessions Judge transfer a criminal case trial to another judge?

Tilak Marg Forum for Legal Questions Forums Criminal Law Can District and Sessions Judge transfer a criminal case trial to another judge?

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    • #1441
      Anonymous
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      Trial in a case against me was being conducted by an Additional Sessions Judge, who had framed the charges and had even taken evidence of two witnesses. Suddenly, yesterday I came to know that the matter was listed before the Principal District & Sessions Judge for transfer of the case to another Additional Sessions Judge. The Principal District Judge even stayed the trial before the present court. My lawyer was given any chance to argue. Can District & Sessions Judge transfer case like this to another Additional Sessions Judge? Should my lawyer be not even heard?

    • #1479

      Yes, the Sessions Judge the power to transfer a case from one criminal court (including the court of an Additional Sessions Judge) to another criminal court within his sessions division. This is specifically laid down in Section 408 of the Criminal Procedure Code, which is reproduced below.

      Of course, while considering an application for transfer of a case from one court to another, the Sessions Judge is required to give an opportunity of being heard to the opposite party, which is a basis principle of natural justice.

      Section 408 of Cr.P.C.:

      408. Power of Sessions Judge to transfer cases and appeals.— (1) Whenever it is made to appear to a Sessions Judge that an order under this sub-section is expedient for the ends of justice, he may order that any particular case be transferred from one Criminal Court to another Criminal Court in his sessions division.

      (2) The Sessions Judge may act either on the report of the lower Court, or on the application of a party interested, or on his own initiative.

      (3) The provisions of sub-sections (3), (4), (5), (6), (7) and (9) of Section 407 shall apply in relation to an application to the Sessions Judge for an order under sub-section (1) as they apply in relation to an application to the High Court for an order under sub-section (1) of Section 407, except that sub-section (7) of that section shall so apply as if for the words “one thousand rupees” occurring therein, the words “two hundred and fifty rupees” were substituted.”

       

           


      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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