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....13. Per contra, the learned counsel appearing on behalf of some of the accused contended that Section 406(2) of the Code of Criminal Procedure, 1973 (for short “CrPC”) provides that...application under Section 406 CrPC is misconceived.14. It was next contended that none of the named accused are holding a judicial office, and therefore, there is no reason to....18. Section 406(2) CrPC provides that the Supreme Court may exercise power under sub-section (1) thereof only on an application in that behalf by either the Attorney General for India o...
...parallel proceedings. The petitions pending before the High Court are under Article 226 of the Constitution and the transfer petitions have been filed under Section 406 of the Code of Criminal Procedure. The jurisdiction of the High...Court with an application under Section 406 CrPC.12. The second leg of argument, what appears to be an argument of despair, is of locus standi of the petitioner. In...Senior Counsel appearing for Respondents 3 and 4 in CC No. 7 of 1997 and Respondent 3 in CC No. 2 of 2001 contended that in view of the provision of sub-section (2) of Section 406 CrPC the petition is...
...Surya Kant, J.:— This transfer petition has been preferred under Section 406 of the Criminal Procedure Code, 1973 (hereinafter, ‘CrPC’), read with Article 139A of the...Public Prosecutor gave detailed reasons in his withdrawal application before the Trial Court in compliance with Section 321 of CrPC;(iv) The requirements under Section 406, ...Nahar Singh Yadav v. Union of India (2011) 1 SCC 307 wherein this Court noted that the power under Section 406, CrPC is to be exercised sparingly and that trans...
...Order1. Heard learned counsel for the parties.2. This transfer petition under Section 406 CrPC is for transfer of the.... Hence, a criminal complaint under Section 138 of the Negotiable Instruments Act was filed before the Chief Metropolitan Magistrate, New Delhi, which is pending before the Court of the Metropolitan...
...The Judgment of the Court was delivered byHrishikesh Roy, J.— This transfer petition is filed under Section 406 of the Code of Criminal Procedure, 1973 (for short “CrPC...commence in Mumbai and as such, there is no case pending in the State of Maharashtra which can justify the invocation of powers under Section 406 CrPC.13. Under the federal...this Court has power to transfer investigation (not case or appeal) under Section 406 CrPC.18.2. (b) Whether the proceeding under Section 174 CrPC conducted by Mumbai...
...Hrishikesh Roy, J.:— The present petitions are filed under Section 406 of the Code of Criminal Procedure, 1973 (for short “the CrPC”) read with Order XXXIX of the Supreme...Section 406 CrPC with the following observation:—“2. Assurance of a fair trial is the first imperative of the dispensation of justice and the central criterion for...of power under Section 406 CrPC and observed:—“7. The purpose of the criminal trial is to dispense fair and impartial justice uninfluenced by extraneous...
...Amarinder Singh v. Parkash Singh Badal (2009) 6 SCC 260, while dealing with an application for transfer petition preferred under Section 406 ...and anywhere in the country under Section 406 CrPC.20. However, the apprehension of not getting a fair and impartial inquiry or trial is required to be...two questions—one of which pertains to exercise of power under sub-section (1) of Section 408 of the Code of Criminal Procedure, 1973 (CrPC) by the Sessions Judge to transfer a case from one Additional...
....6. Despite the aforesaid report, Mr Manohar Lal Sharma, learned Advocate, insisted that he as an individual, has a right to ask for transfer of the case under Section 406 CrPC on the ground...
...transfer of a case within the State under Section 407 and anywhere in the country under Section 406 CrPC. The apprehension of not getting a fair and impartial inquiry or trial is required to be...proceeding has to be transferred elsewhere by exercise of power under Section 406 CrPC.18. For a transfer of a criminal case, there must be a reasonable apprehension on the...the fairness of a trial would be seriously undermined, the aggrieved party can seek the transfer of a case within the State under Section 407 and anywhere in the country under Section 406 CrPC....
...appellant then moved this Court under Section 406 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “CrPC”) seeking transfer of the case to any other State. The appellant alleged in the...that State alone could appoint the Public Prosecutor to conduct the prosecution of the case unless specifically directed otherwise by this Court while transferring the case under Section 406 CrPC....other State. Once the case is transferred as per Section 406 CrPC to another State, the transferor State no longer has control over the prosecution to be conducted in a court situated in a different...
...the State under Section 407 and anywhere in the country under Section 406 CrPC. The apprehension of not getting a fair and impartial inquiry or trial is required to be reasonable and not imaginary...accommodating the Special Court was completed in January 2000 at a cost of Rs 22.40 lakhs. The final report under Section 173 CrPC consisting of statements and documents which runs into 16,480 pages in..., 149, 201, 109, 114 and 353 IPC, Sections 3, 4(b), 5, 6 of the Explosive Substances Act, 1908, Section 25(1-B)(a) of the Arms Act, 1959 and Section 4 of the Tamil Nadu Property (Prevention of Damage and...
...2009 as contemplated under Section 406 of the Code of Criminal Procedure (hereinafter “CrPC”), seeking transfer of cases RC IMPH 2009.S0002 and RC IMPH 2009.S0003, both dated 2-4-2009, from the Court of...persons have objected to the transfer of the cases under Section 406 CrPC. One line of reasoning taken by these parties was that the investigating agencies have exaggerated the apprehensions about the...is indeed directed by this Court in exercise of the power under Section 406 CrPC, then some directions be given to protect the interests of the near relatives of the deceased persons...
...are from Maharashtra.8. We have heard the learned counsel for the petitioners and Mr H.P Raval, Additional Solicitor General for the respondent. Section 406 CrPC empowers this...Section 407 and anywhere in the country under Section 406 CrPC. The apprehension of not getting a fair and impartial inquiry or trial is required to be reasonable and not imaginary, based upon...T.S Thakur, J.— In this petition under Section 406 of the Code of Criminal Procedure, 1973, the petitioners pray for transfer of Criminal Case No. 45 of 2008 pending in the...
...T.S Thakur, J.— In this petition under Section 406 CrPC, the petitioners seek transfer of Criminal Complaint No. 14089 of 2009 from the Court of the Judicial Magistrate, First...Class at Gurgaon under Section 138 of the Negotiable Instruments Act, 1881. The Magistrate has taken cognizance and summoned the petitioners for appearance to face the trial. The petitioners have, in that...under Section 138 of the NI Act was sent to the accused and on the failure of the accused to make payment despite being served with the said notice within the stipulated period of 15 days. The cause...
...T.S Thakur, J.— In this petition under Section 406 CrPC, the petitioners seek transfer of Criminal Complaint No. 3960 of 2008 under Section 138 of the Negotiable Instruments.... Dishonour of any such cheque was not, according to the petitioners, an offence punishable under Section 138 of the Act aforementioned. That apart, the petitioners claim that the courts in Delhi have no...under Section 138. That position has been reiterated in a recent decision delivered on 1-8-2014 by this Court in Dashrath Rupsingh Rathod v...
....12. Order XXXVI relates to applications for transfer of criminal proceedings under Section 406, CrPC while Order XXXVI-A under Part IV-A deals with application for transfer under clause (1) of...were introduced by GSR 1024 and came into force on August 19, 1978. Order XXXVI relating to transfer of criminal proceeding under Section 406 of the Code of Criminal Procedure, 1973 was introduced by GSR 1697 dated December 7, 1977 ...Vacation Judge under Order VII Rule 4. As the power to entertain application for transfer of cases under Section 406 CrPC is specifically conferred on the Vacation Judge and no such power is...
...section 406 CrPC.
6-b For a transfer of criminal case, there must be a reasonable apprehension on the part of the party to a case that justice with not be done. It is one of the...transfer of a case within the State under section 407 and anywhere in the country under section 406 CrPC.
6-d However, the apprehension of not getting a fair and impartial inquiry of...SCC (Cri.) 971 the Hon. Apex Court had an occasion to deal with section 407 CrPC wherein the Hon. Apex Court observed as under :-
6-A. "It is a well established proposition of law...
...Section 406 CrPC from the Court of the Special Judicial Magistrate (CBI), Ghaziabad, U.P to some other court of competent jurisdiction in Delhi/New Delhi.30. The...society at large. Therefore, as and when it is shown that the public confidence in the fairness of a particular trial is likely to be seriously undermined, for any reason whatsoever, Section 406 CrPC empowers...jurisdiction subordinate to another High Court, to meet the ends of justice.22. It is, however, the trite law that power under Section 406 CrPC has to...
...undermined, the aggrieved party can seek the transfer of a case within the State under Section 407 and anywhere in the country under Section 406 CrPC."
29...
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4 M.Cr.C.No.12362/2023 enumerated the basic principles of the power of transfer under Section 406 CrPC as follows...:
"29. Thus, although no rigid and inflexible rule or test could be laid down to decide whether or not power under Section 406 CrPC should be exercised, it is manifest from a bare readin...
...country under Section 406 CrPC. The apprehension of not getting a fair and impartial inquiry or trial is required to be reasonable and not imaginary, based upon conjectures and surmises. If it appears that...inter alia passed the following order:“Meanwhile the complainant submits that she could not get the process under Section 83 CrPC executed insofar as the Jaipur...property is concerned. She requests for one more date. Under these circumstances, issue fresh process under Section 83 CrPC against the accused Bhaskar Sharma in respect of the Jaipur property to be got...