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IN THE HIGH COURT OF JUDICATURE AT MADRAS
L.VICTORIA GOWRI
Mohanasabarinath @ Sabari – Appellant
Versus
State of Tamilnadu, Rep. by The Deputy Superintendent of Police – Respondent
ORDER :
L.VICTORIA GOWRI, J.
Preface:
The jurisdiction of this Court under Section 407 of the Code of Criminal Procedure, 1973, is discretionary and exceptional. The power to transfer a criminal case is intended to secure the ends of justice, and not to afford a litigant a perceived tactical advantage or to facilitate a roving consolidation of trials on the mere assertion of overlap.
2. It is equally settled that transfer cannot be ordered on bald apprehensions, conjectures, or on a generalized plea of “conflicting judgments”. The petitioner must demonstrate circumstances of a real and reasonable nature, indicating that a fair and impartial trial cannot be had, or that some question of law of unusual difficulty is likely to arise, or that the transfer is otherwise expedient for the ends of justice.
3. The present petition, though couched as a transfer request, essentially rests on the premise that the “motive” in one case is said to be linked with the “motive” in another. The question is whether such linkage, in the facts pleaded, satisfies the threshold for interference under Section 407 Cr.P.C.
4. The petitioner is arrayed as Accused No.2 in S.C.No.25 of 2022, pending on the file o
Transfer of cases under Section 407 Cr.P.C. requires compelling circumstances, not mere assertions of overlapping motives, to ensure fair trial.
Joint trials are permissible for different offences from the same transaction, but jurisdictional limitations prevent direct transfer to a Special Court without prior commitment to the Sessions Court....
The court established that a mere allegation of bias or apprehension of injustice is insufficient for transferring a case; there must be reasonable and substantiated grounds for such a request.
The interconnection of criminal cases justifies transfer under Section 407 due to the need for unified decision-making and to avoid conflicting outcomes.
The court established that the transfer of criminal cases under Section 407 of the Cr.P.C. requires exceptional circumstances, which were not present in this case.
(1) Intervention application filed by a third party should not ordinarily be allowed in criminal cases unless Court is satisfied that on the grounds on which person seeking intervention is directly o....
The court held that cases involving similar issues should be tried together for judicial consistency, acknowledging the discretion to determine joint or separate trials in light of evidentiary differ....
Section 408(1) of Cr.P.C., only gives power to Sessions Judge to transfer a case pending in one criminal Court to another criminal Court in his Sessions Division.
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