Free Legal Advice - criminal law
Posted by: Akansha Tyagi
Posted on: 2018-08-27
In order to protect the reputation of the courts and the maintain high order of moral standards between the members of judiciary the code of Criminal Procedure and the civil procedure code have enough reasonable grounds to transfer cases from one court to another court. Section 23 of CrPc deal with the provisional part used to exercise this right hand how the application regarding such transfers be made and whom to be made with such applications. As per the statute the application may be preferred to any court which is immediate superior to the trial court or the appellant court of that trial court. Subjected to following circumstances: ? When the appellant court is same:- when the suit is to be shifted or transferred to court which have same court of appeal or under same subordination such transfer application would be preferred to appellant court. When the appellant courts are different: ? when both the courts of trial lie under the different court of appellant jurisdiction. Then the application would be referred to the high court under which both the courts are subordinate to. The High court after observing the substance of the complaint would decide the application and dispose of it accordingly.
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