Scribd
Upload
71 views2 pages

Power of The High Courts To Transfer Cases

The document discusses the power of High Courts in India to transfer criminal cases and appeals under Section 407 of the Code of Criminal Procedure. It provides context on the purpose of granting this power, which is to ensure speedy, fair, and impartial trials. The High Court can transfer cases either on its own motion or based on applications from interested parties or reports from lower courts. Grounds for transfer include if a fair trial cannot take place or if it is convenient for parties/witnesses. The document specifically discusses transfers of cases filed under Section 498A of the Indian Penal Code regarding cruelty by husbands or relatives. While courts often grant transfers allowing wives to move proceedings closer to their parental homes, transfers are not always approved and should not be

Uploaded by

Shweta Chauhan
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
71 views2 pages

Power of The High Courts To Transfer Cases

The document discusses the power of High Courts in India to transfer criminal cases and appeals under Section 407 of the Code of Criminal Procedure. It provides context on the purpose of granting this power, which is to ensure speedy, fair, and impartial trials. The High Court can transfer cases either on its own motion or based on applications from interested parties or reports from lower courts. Grounds for transfer include if a fair trial cannot take place or if it is convenient for parties/witnesses. The document specifically discusses transfers of cases filed under Section 498A of the Indian Penal Code regarding cruelty by husbands or relatives. While courts often grant transfers allowing wives to move proceedings closer to their parental homes, transfers are not always approved and should not be

Uploaded by

Shweta Chauhan
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 2

POWER OF HIGH COURT TO TRANSFER 498 A CASES

Sections 406-411 of Chapter XXXI of the Code of Criminal Procedure deal with
the provisions regarding the transfer of the criminal cases and appeals. Section 407,
the current topic of discussion, empowers the High Courts to transfer cases and
appeals to subordinate courts within the state.
The reason for granting the courts this power is delivering speedy, fair and
equitable justice to people. The very purpose of criminal law is to disperse justice
in a free and fair manner that is not influenced by any extraneous considerations.
The right to a fair and impartial trial is guaranteed under Article 21 of the Indian
Constitution. To ensure this right, the High Court can make use of the
aforementioned section and transfer cases either Suo motu, or on the application of
a party interested, or on the report of the lower Court.
This power can be be exercised by the court if it appears to it that
1. a free and fair trial cannot take place in a subordinate court;
2. some question of law of unusual difficulty has arisen;
3. it will be convenient for the parties and witnesses involved;
4. it is expedient for the ends of justice.

Section 498A of the IPC deals with the punishment to the husband or a relative of
the husband of the woman for subjecting her to cruelty. In such matrimonial cases,
the power of the courts of transferring cases is of paramount consideration.
Usually, the transfer jurisdiction of the courts is invoked by the wife when she and
her husband are living separately and the proceedings are instituted by the husband
where he is living while the wife has often moved to her parental home. The
grounds then usually cited by the wife are that she cannot afford to travel or that
she cannot leave her child behind or that she faces threats when she goes to defend
the proceedings. The court has on most occasions taken a sympathetic view and
allowed the wife’s plea of transfer; however, this is not always the case.

In Jyoti Mishra v. Dhananjaya Mishra, (2010) 8 SCC 803, the wife had filed the
FIR u/s 498A while living with the husband at Hyderabad and later shifted to
Indore and filed for a transfer petition. The same was denied. The reasoning given
by the court was that a criminal case is different from civil matters (restitution of
conjugal rights, maintenance,etc) where transfer is usually allowed, because in a
criminal case, though the reasons for non-appearance of the accused to the
proceedings might be varied, the consequences of it would be quite drastic.

In Abdul Nazar Madani Vs. State of Tamilnadu, AIR 2008 SC P.2293, the
Supreme Court observed that “When it is shown that public confidence in the
fairness of a trial would be seriously undermined, any party can seek the transfer of
a case within the State under Sec 407 Cr Pc.” it further observed that “if it appears
that the dispensation of criminal justice is not possible impartially and objectively
and without any bias, before any court or even at any place, the appropriate court
may transfer the case to another court, where it feels that holding of fair and proper
trial is conducive”

In Krishna Veni Nigam Vs. Harsh Nigam, [2017 SCC 236] it was held that
where options such as video conferencing facilities are available, transfer petitions
should be dismissed keeping in mind inconveniences and expenses that the parties
will have to face. It directed all High Courts to pass administrative directions to all
district and family courts to open their own video conferencing facilities.

CONCLUSION
Thus, it can be concluded that in criminal cases such as u/498 A, the power of
courts to transfer cases is used with utmost precaution and is given proper
forethought so as to render fair, equitable justice in good conscience.
Section 407 of the Code of Criminal Procedure enables parties to seek for transfer
of case anywhere within the state. However, there should be a reasonable
justification for doing so. As senior advocate Siddharth Luthra argued, “power to
transfer under Section 406-409 of CrPC is not to be exercised lightly because it has
a reflection on the conduct of a judicial officer, and thereby, functionality of the
justice system".

You might also like