TRANSFER OF CRIMINAL CASES
Mere fact of taking into
custody of the accused during trial can never be a basis for making a prayer
for transfer of the case unless there is other convincing and reasonable
grounds for apprehension in the mind of the accused that he shall not get a
fair and impartial trial. Md. Nurul Alam Vs. Sohail Thakur and others, 20BLD
(AD)85
Transfer of a Criminal Case
The High Court Division may
on its own motion transfer a criminal case from any sub- ordinate Court without
issuing any notice upon the parties but such a transfer can be made only when
it tends to the general con- venience of the parties or the witnesses. The High
Court Division may also withdraw a case to itself without issuing any notice
upon either parties when it finds that some question of law of unusual
difficulty is involved in the case Cr.P.CS. 526
Md. Sirajul Islam alias
SirajMadbar and others Vs. Keramat Ali Bhuiyan and another, 15BLD(AD) 1
Transfer of a Criminal Case
In determining the venue of
trial of a criminal case, the general conveniences of the contending parties
should be considered. Since the central point in dispute in the 4 criminal
cases relates to three transactions by cheques and dishonour of those cheques
and non-supply of jute and one of those cases having already been transferred
to Dhaka, the refusal to transfer the 3 other cases from Kotchandpur to Dhaka
is not a proper exer- cise of the discretion by the High Court Divi- sion. The
3 criminal case are therefore trans- ferred from Kotchandpur (Jhenaidh) to
Dhaka-Cr.P.CS. 526(1)
M.M. NurulHoqueMollah Vs.
SreeRadheshyamSaba and another, 15BLD(AD) 33
Transfer of Criminal Cases
Although under specified
conditions the High Court Division has power to transfer on its own motion any
criminal case from any subordinate Court to any other Court or to itself even
without issuing any notice upon the parties the impugned order of transfer in
the absence of any of those conditions and without giving an opportunity to the
informant to refute the allegations for transfer is not contemplated by law.
Code of Criminal Procedure, 1898 (V of 1898) Section -526
Md. Khalequzzaman Vs. Md.
Illias and othes, 16BLD(AD)24 Ref:15BLD(AD)=47DLR(AD)64 Cited
Transfer of case
Petitioner alleged that he
has been threat- ened by the other side in the open Court to be picked up from
the Court with no hope to re- turn and there is also pressure on his lawyer not
to defend him. In the circumstances, there is a reasonable apprehension in the
mind of the accused that he will not get a fair trial or that he may be denied
the right to defend him- self in the trial through his lawyer. In the in-
terest of justice the case should be trans- ferred-Cr.P.C Section-526 (1)(c)
Suman alias Faysal Ahmed
Vs. The State and another, 17BLD(HCD) 591
Transfer of criminal case
The High Court Division can
suomotu transfer a Sessions Case. The informant by preferring the application
has merely in- formed the High Court Division about the state of the
circumstances surrounding the concerned Sessions Case. The High Court Division
had complete jurisdiction to exercise its discretion in the matter-Cr.P.C
Section- 526
Jahir Gazi and others Vs.
BelalHos- sain, Advocate and others, 19BLD (AD) 85
Transfer of Criminal case
In an application under
section 526 of the Code of Criminal Procedure filed by the in- formant a
Division Bench of the High Court transferred Sessions Case No. 83 of 1998 from
the Court of Additional Sessions Judge to the Court of Sessions Judge.
Nawabganj for trial. The said order was passed exparte without any notice
either to the accused or to the State and without calling for any report from
the Court concerned. The alleged ground of transfer were not even noticed in
the impugned order. Even then transfer was allowed by merely saying that "without
accepting or rejecting the grounds for the trans- fer, we think, justice will
be met if the case is disposed of by the Court of Sessions Judge,
Nawabganj".
Such kind of order is far
from a judicial order. If that be the way of disposing an application for transfer
by throwing all procedures and norms to the winds, then, arbitrariness will
rule the field and not 'justice' which was said to be the concern of the
learned Judges for passing the impugned order. It seems the learned Judge has a
pathological disposition for passing such summary order & which is
absolutely wrong-Cr.P.C. S.526 Mohd. Moslem Uddin Vs The State anr, 19BLD (AD)
247
Transfer of criminal case
There is an apprehension in
the mind of the accused-petitioners in the matter of getting fair and impartial
trial in the hands of any Judge under the Sessions Division, Dhaka. Since they
lost confidence, the case is required to be transferred from the Sessions Di
vision, Dhaka to Narshingdi and it will be convenient for both the parties if
the case is transferred to Narsingdi and trial is concluded there-Cr.P.C
Section 526 Sohali Thakur and ors Vs. The State,19BLD (HCD)103 Ref: Serjeant
Vs. Dale (1877) 2 Queen Bench Division and Rex Vs. Sussex Justices (1924)1 PLD
1973(SC) 327-Cited
Transfer of criminal case
Confidence in the
administration of jus- tice is an essential element of good govern- ment and
reasonable apprehension of not get- ting justice in the mind of the accused
person should be taken into serious consideration in an application for
transfer. Sohali Thakur and ors Vs. The State, 19BLD (HCD)103
