Section 407 of CrPC : Section 407: Power of High Court to transfer cases and appeals.

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 handle such complex legal matters, such as a specialized economic offenses court in Mumbai.

Example 3:

Scenario: A criminal case in a district court in Tamil Nadu involves witnesses and parties who are spread across different parts of the state, making it inconvenient for them to attend the trial regularly.

Application of Section 407:

• The High Court of Madras receives an application from one of the parties, highlighting the inconvenience faced by the witnesses and parties.
• The High Court, considering the general convenience of the parties and witnesses, orders under Section 407(1)(c) that the case be transferred to a more centrally located court in Chennai, which is more accessible to all involved.

Example 4:

Scenario: An accused person in a criminal case in a district court in West Bengal believes that the local court is biased against him and applies for a transfer to another court.

Application of Section 407:

• The accused person files an application with the Sessions Judge for the transfer of the case. The Sessions Judge rejects the application.
• The accused then applies to the High Court of Calcutta for the transfer.
• The High Court reviews the application and, if it finds the concerns valid, may order the transfer of the case to another court under Section 407(2), ensuring that the accused receives a fair trial.

Example 5:

Scenario: A frivolous application for the transfer of a case is made by an accused person in a district court in Karnataka, causing unnecessary delays in the trial.

Application of Section 407:

• The High Court of Karnataka reviews the application and finds it to be frivolous and vexatious.
• Under Section 407(7), the High Court dismisses the application and orders the accused to pay compensation of Rs. 1,000 to the opposing party for causing unnecessary delays and inconvenience.