Section 408 of CrPC : Section 408: Power of Sessions Judge to transfer cases and appeals.

Explanation using Example

Example 1:

Scenario: A theft case is being heard in a Magistrate Court in Mumbai. The accused believes that the Magistrate is biased against him due to a personal grudge. The accused's lawyer files an application to the Sessions Judge requesting the transfer of the case to another Magistrate Court within the same sessions division.

Application: The Sessions Judge reviews the application and finds that the transfer is necessary to ensure a fair trial. The Sessions Judge orders the transfer of the case from the current Magistrate Court to another Magistrate Court in the same sessions division.

Outcome: The case is transferred to another Magistrate Court, and the trial proceeds without any perceived bias, ensuring justice is served.

Example 2:

Scenario: A high-profile murder case is being heard in a Criminal Court in Chennai. Due to the high media coverage and public interest, there are concerns about the safety of the witnesses and the impartiality of the trial. The public prosecutor files a report to the Sessions Judge requesting the transfer of the case to a different court within the same sessions division.

Application: The Sessions Judge, considering the report and the potential risks, decides that transferring the case is necessary for the ends of justice. The Sessions Judge orders the transfer of the case to another Criminal Court in the same sessions division with better security measures.

Outcome: The case is transferred to a more secure court, ensuring the safety of the witnesses and the impartiality of the trial, thereby upholding the integrity of the judicial process.