Transfer of criminal cases under crpc. CRPC Act In Hindi 2019-01-25

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Legal Procedures Regarding Transfer of Criminal Cases from one Court to another in India

transfer of criminal cases under crpc

Procedure where ingress not obtainable Breaking open zanana 49. Medical examination of the victim of rape. Act 16 of 1976, sec. Arrest by private persons and procedure on such arrest 60. When, in the execution of a search-warrant at any place beyond the local jurisdiction of the court which issued the same, any of the things for which search is made, are found, such things, together with the list of the same prepared under the provisions hereinafter contained, shall be immediately taken before the court issuing the warrant, unless such place is nearer to the Magistrate having jurisdiction therein than to such court, in which case the list and things shall be immediately taken before such Magistrate; and unless there be good cause to the contrary, such Magistrate shall make an order authorising them to be taken to such court. Fakir Chand, 1881 3 All 746, 749 Disclaimer: This document is intended to provide information only.

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Procedure For Transfer Of Criminal Case Under minecraftservers.nu

transfer of criminal cases under crpc

Procedure by Magistrate before whom such person arrested is brought. He may be dealt with in respect of such offence as if it had been committed at any place within India at which he may be found: Provided that, notwithstanding anything in any of the preceding sections of this Chapter, no such offence shall be inquired into or tried in India except with the previous sanction of the Central Government. For example, in the aforementioned Baba Ramdev case or in Shilpa Shetty v. Please check this website and the bare acts here. Security for unexpired period of bond. Power to issue summons or warrant for offence committed beyond local jurisdiction.


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Code of Criminal Procedure, 1898 (Act No. V of 1898).

transfer of criminal cases under crpc

Court is almost 500 km from away from place of residing of accused. Dispute concerning right of use of land or water. Disposal of things found in search beyond jurisdiction. What are the chances of winning? The accused may not be able to attend the court proceedings at Indore for many reasons, one of which may be financial constraints, but the consequences of non-appearance of the accused before the Indore Court would be quite drastic. Summons or warrant in case of person not so present. Procedure as to letters and telegrams B.

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Transfer of Criminal Case by Supreme Court of India

transfer of criminal cases under crpc

The Court allowed the transfer petition in the absence of any objection on behalf of the respondents and their non-appearance even after service. State a transfer petition was filed, by the petitioner under Article 139A of the Constitution, with an application for' permission to file the transfer petition. Evidence of formal character on Affidavit 511. If, on an inquiry under section 116, it is not proved that it is necessary for keeping the peace or maintaining good behaviour, as the case may be, that the person in respect of whom the inquiry is made, should execute a bond, the Magistrate shall make an entry on the record to that effect, and if such person is in custody only for the purposes of the inquiry, shall release him, or if such person is not in custody shall discharge him. The requirement that the petition for divorce by mutual consent should be filed before the Court of District Judge or the Family Court, is at best a procedural matter, and does not touch upon the substantive rights of the parties.

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Transfer of Criminal Cases by the Courts

transfer of criminal cases under crpc

Postponement of issue of process. Supply to the accused of copy of police report and other documents. Copy of order to accompany summons or warrant. He may be charged with theft, receiving stolen property, criminal breach of trust and cheating, or he may be charged with having committed theft, or receiving stolen property or criminal breach of trust or cheating. Evidence of officers of the Mint. While making such transfer the magistrate has to record the reason in writing for doing. Search of arrested persons 52.

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Transfer of Criminal Case by Supreme Court of India

transfer of criminal cases under crpc

Security for keeping the peace in other cases. Cognizance offences by Courts of Session 194. Warrant for levy of fine 387. It is true that in cases of dissolution of marriage, restitution of conjugal rights or maintenance, this Court shows much indulgence to the wife and ordinarily transfers the case to a place where it would be more convenient for the wife to prosecute the proceedings. Nothing in this Chapter shall apply to any Juvenile or Child as defined in sub-clause k of section 2 of the Juvenile Justice Care and Protection of Children Act, 2000 56 of 2000. Consequences of his failing to do so.

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Legal Procedures Regarding Transfer of Criminal Cases from one Court to another in India

transfer of criminal cases under crpc

Unless it appears that A was in fact misled by this omission, the error shall not be regarded as material. Having regard to the facts and circumstances of the case, we feel that it is convenient for all the petitioners to have the trial in one of the competent courts at Bhopal. Procedure where lunatic prisoner is reported capable of making his defence 474. C gives power to the session judge to transfer or withdraw case from his subordinate courts. Effect of such warrant 388. Language of judgment Contents of judgment Judgment in alternative 368.

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Complaint Under Cr.P.C 1898

transfer of criminal cases under crpc

If the accused pleads guilty; the Judge shall record the plea and may, in his discretion, convict him thereon. Order to be made 113. He is entitled to a transfer if he shows circumstances from which it can be inferred that he entertains an apprehension and that it is reasonable in the circumstances alleged. Judgments of subordinate Appellate Courts 425. Where the petition is dismissed the Court, if it is of opinion that the application was frivolous orvexatious, may order the applicant to pay by way of compensation to any person who has opposed the 1pplication such sum as it may consider proper in the circumstances of the case.

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Procedure for transfer of a case from one court to another

transfer of criminal cases under crpc

Power to take bond for appearance. Whenever any person holding an office in the service of Government who has been invested by the High Court or the State Government with any powers under this Code throughout any local area is appointed to an equal or higher office of the nature, within a like local area under the same State Government, he shall, unless the High court or the State Government, as the case may be, otherwise directs, or has otherwise directed, exercise the same powers in the local area in which he is so appointed. The charge may state that A committed murder, or cheating, or theft, or extortion, or adultery, or criminal intimidation, or that he used a false property-mark, without reference to the definition, of those crimes contained in the Indian Penal Code; but the sections under which the offence is punishable must, in each instance, be referred to in the charge. Power of Magistrate to direct local investigation, examination, and examination of an expert. Where it is doubtful what offence has been committed 237. Section 16: specifies the establishment of Metropolitan Magistrates in every metropolitan area. Order by High Court Division on appeal to be certified to lower Court 426.

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Does the Principal Sessions Court have an authority to transfer a criminal (498A + 307) case under CRPC 408 to any of the other sessions court in the same premises?

transfer of criminal cases under crpc

Security for good behaviour from suspected persons. Punjab: In sub-section 1 of section 11, insert the following new sub-section. Subs by Act 50 of 2001, sec. Procedure in respect of person present in court. Assistance in relation to orders of attachment or forfeiture of property 1 Where a Court in India has reasonable grounds to believe that any property obtained by any person is derived or obtained, directly or indirectly, by such person from the commission of an offence, it may make an order of attachment or forfeiture of such property, as it may deem fit under the provisions of sections 105D to 105J both inclusive. Procedure where warrant issued by subordinate Magistrate 188.

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