The fourth lower court of the judicial distric of jalapa

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Transfer Of criminal case
Constitution of Pakistan and other statute have conferred jurisdiction upon High court. Jurisdiction of High court can be classified into extra-ordinary jurisdiction, original and appellate jurisdiction, and supervisory jurisdiction. It is through supervisory jurisdiction that High Court can transfer some criminal case from one court to another court.
2. Relevant Provision
Following are the relevant provision of Cr.P.C regarding the topic transfer of criminal cases of High Court
i. Section 526 Cr.P.C
ii. Cross Reference
Section 527 & 528 Cr.P.C
3. Types of transfer of criminal case
A criminal case may be transfer by the following authorities:
i. High Court u/s 526  ii. Provincial Govt. U/s 527   iii. Session Judge u/s 528
4. Grounds for transfer of criminal case
Following are grounds upon which criminal cases can be transferred
i. Fair & impartial inquiry or trail
Criminal case can be transferred when it appears that a fair and impartial inquiry or trial cannot be held in any subordinate criminal court.
ii. Unseal difficulty
That some questions of law unusual difficulty is likely to arise.
iii. View of scene of occurrence
That a view of the place in or near which any offence has been committed may be required for the satisfactory inquiry into or trial of the same.
iv. Question of Law
Criminal case can be transferred when it appears that some question of law of unusual difficulty is likely to arise.
v. View of Place
Criminal case can be transferred when it appears that a view of place in or near which any offence has been committed is required either for satisfactory inquiry into such offence or for satisfactory trial of such offence.
vi. General convenience
That an order under this section will tend to the general convenience of the parties or witnesses.
vii. Ends of Justice
Criminal case can be transferred when it appears that an order about such transfer can be expedient for ends of justice and for promotion of ends of justice.
vi. Order under provision of criminal procedure code
Criminal case can be transferred when it appears an order about such transfer is required by any provision of criminal procedure code.
5. Good grounds for a transfer are made out
If good grounds for a transfer are made out, the court ought not to refuse it merely because the case has reached an advanced stage or because the transfer may entail expense and trouble to all concerned.
i. Bond
The High Court, on receiving the application for transfer of case, may order the applicant to execute a bond for the costs of the opponent; and if the application is frivolous and vexatious, the costs of the opponent may be ordered to be paid by the applicant.
ii. Notice
The application for transfer should be supported by an affidavit; and the public prosecutor is entitled to have notice of it at least twenty-four hours ahead.
Conclusion
To conclude, it can be stated that transfer of criminal cases cannot be claimed as a matter of routine or at wish of any of parties. Transfer of criminal cases can only be allowed on basis of sufficient grounds, which criminal procedure code has provided. Another settled principle is that criminal cases can be transferred through sou motu action of High Court or through application of state, accused, complainant or witnesses.


Complaint

Complaint means that allegation, which is made orally or in writing to a magistrate that some know or unknown person has committed an offence, and which is made with a view to his taking action under Criminal Procedure Code, and which does not include police report.

Cognizance

The power, authority, and ability of a judge to determine a particular legal matter. A judge's decision to take note of or deal with a cause.

Proclaimed offender

A person against whom arrest warrant has been issued can be declared a proclaimed offender

Justice  peace (JP)

Is a judicial officer of a lower or puisne court, elected or appointed by means of a commission to keep thepeace

Bailable offence

Bailable offence means an offence which is shown as bailable in the First Schedule or which is made bailable by any other Law for the time being in force

commutation

the action or process of commuting a judicial sentence

Autopsy

Is a surgical procedure that consists of a thorough examination of a corpse by dissection to determine the cause, mode, and manner of death

Starvation

suffering or death caused by lack of food.

Pleader

a person who pleads in court; an advocate

Proceeding

when someone uses a court of law to deal with a legal case

Forfeiture

Forfeiture occurs when a person gives up money, property, or privileges to compensate for losses resulting from a breach of a legal obligation.

Inquest

A judicial inquiry to ascertain the facts relating to an incident.

toxicology

the branch of science concerned with the nature, effects, and detection of poisons.

Public prosecutor

a law officer who conducts criminal proceedings on behalf of the state or in the public interest.

Thermal Injury
Injury, which results from application of heat in any form to external or internal surface of heat, is termed as thermal injury.

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