Section 448 of BNSS : Section 448: Power of Sessions Judge to transfer cases and appeals.

Explanation using Example

Example 1:

Scenario: Ramesh, a resident of Mumbai, is facing a criminal trial in a local court in Mumbai. He believes that the local court is biased against him due to local influence and media pressure. Ramesh's lawyer files an application to the Sessions Judge of Mumbai, requesting the transfer of his case to another criminal court within the same sessions division.

Application: Ramesh's lawyer submits an application to the Sessions Judge, citing the need for a fair trial and the potential bias in the current court.

Outcome: The Sessions Judge reviews the application and finds that transferring the case is necessary for the ends of justice. The Sessions Judge orders the transfer of Ramesh's case to another criminal court in the Mumbai sessions division.

Example 2:

Scenario: A lower court in Delhi is handling a high-profile criminal case involving multiple accused persons. The lower court reports to the Sessions Judge that due to the complexity and high-profile nature of the case, it would be more appropriate for another court with more resources to handle it.

Report: The lower court submits a report to the Sessions Judge, explaining the reasons why the case should be transferred to another criminal court within the sessions division.

Outcome: The Sessions Judge, after considering the report and the interests of justice, decides to transfer the case to another criminal court in the Delhi sessions division that is better equipped to handle such a complex and high-profile case.

Example 3:

Scenario: Priya, a victim in a criminal case, feels that the current court handling her case is not progressing efficiently and there are unnecessary delays. She believes that another court within the same sessions division would handle her case more expeditiously. Priya files an application to the Sessions Judge for the transfer of her case.

Application: Priya submits an application to the Sessions Judge, detailing the delays and inefficiencies in the current court and requesting a transfer to another court.

Outcome: The Sessions Judge reviews Priya's application and finds that transferring the case would expedite the proceedings and serve the ends of justice. The Sessions Judge orders the transfer of Priya's case to another criminal court within the same sessions division.

Example 4:

Scenario: The Sessions Judge in Bangalore, on his own initiative, identifies a case that has been pending for an unusually long time in a particular criminal court. The Sessions Judge believes that transferring the case to another court would help in faster resolution.

Initiative: The Sessions Judge, acting on his own initiative, decides to transfer the case to another criminal court within the Bangalore sessions division.

Outcome: The Sessions Judge issues an order transferring the case to another criminal court, aiming to ensure a quicker resolution and better administration of justice.