Legal provisions regarding power of Sessions Judge to transfer cases and appeals under section 408 of the Code of Criminal Procedure, 1973.
Section 408 of the Code of Criminal Procedure provides the following provisions relating power of Sessions Judge to transfer cases and appeals:
(1) Whenever it is made to appear to a Sessions Judge that an order 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 session’s division.
ADVERTISEMENTS:
(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 Section 407 shall so apply as if the words, “one thousand rupees” occurring therein, the words “two hundred and fifty rupees” were substituted.
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As per Section 412 of the Code, a Sessions Judge making any order in respect of a transfer of a case and appeal is required to record reasons for such orders.
ADVERTISEMENTS:
An Additional Sessions Judge is competent to transfer a case pending before him to another additional Sessions Judge after commencement of trial. Once the trial has commenced and has become part heard, the case cannot be transferred from one Court to another. A Session Judge is empowered under Section 408 to transfer a part heard case or appeal from a Court of an Additional Sessions Judge to another competent Court within his Sessions Division. A case which was already transferred by the Sessions Judge to Additional Sessions Judge, cannot again be transferred there-from.