Section 407 of CrPC : Section 407: Power of High Court to transfer cases and appeals.
CrPC
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Explanation using Example
Example 1:
Scenario: A high-profile politician is accused of corruption in a small town in Uttar Pradesh. The local court is under immense pressure from the politician's supporters, and there are concerns that the trial may not be fair and impartial.
Application of Section 407:
- The High Court of Allahabad receives an application from the opposing party, claiming that a fair trial cannot be conducted in the local court due to the influence of the politician.
- The High Court reviews the application and finds merit in the concerns raised.
- Under Section 407(1)(a), the High Court orders that the case be transferred to a court in Lucknow, where a fair and impartial trial can be conducted.
Example 2:
Scenario: A complex financial fraud case involving multiple jurisdictions and intricate legal questions arises in a district court in Maharashtra. The local court is not equipped to handle the legal complexities of the case.
Application of Section 407:
- The High Court of Bombay, on its own initiative, identifies that the case involves questions of law of unusual difficulty.
- Under Section 407(1)(b), the High Court orders that the case be transferred to a court with the necessary expertise and jurisdiction to ha...
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