transfer petition for transfer of case from one state to another

[Lalita Maskara]

Respected Sir/ Madam,

we are from Boy’s side (from Wb) and the girl’s side(from Bihar)has lodged a false 498A case against us.14 people are there in the accussed list.The cause of action arose in WB but the case was lodged in Bihar and is under Trial in BIhar. We have planned to moved to supreme court for transferring the case to WB.
IS it possible to make all the ladies among the 14 accused as petitioner for the transfer petition.Some people are saying transfer petition cannot be moved without husband being a petitioner? Is it So. Please reply whom should we make as the petitioner for the transfer petition.

[Dr. Ashok Dhamija]

Any accused person can move the court for transfer of the case to another place. It is a right given to any party who is interested in the case.

See the full section 406 of Cr.P.C. I have highlighted the relevant part:

“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.”

     

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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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