High Court may transfer case, or itself try it

High Court may transfer case or itself try it.-

1. (1) Whenever it is made to appear to the High Court-
   • (a) that a fair and impartial inquiry or trial cannot be had in any Criminal Court subordinate thereto; or
   • (b) that some question of law of unusual difficulty is likely to arise; or
   • (c) 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; or
   • (d) that an order under this section will tend to the general convenience of the parties or witnesses; or
   • (e) that such an order is expedient for the ends of justice, or is required by any provision of this Code, it may order-
     • (i) that any offence be inquired into or tried by any Court not empowered under sections 177 to 184 (both inclusive), but in other respects competent to inquire into or try such offence;
     • (ii) that any particular case or appeal, or class of cases or appeals, be transferred from a Criminal Court subordinate to its authority to any other such Criminal Court of equal or superior jurisdiction;
     • (iii) that any particular case or appeal be transferred to and tried before itself ; or
     • (iv) that an accused person be committed for trial to itself or to a Court of session. (1-a) Notwithstanding anything contained in sub-section (1), no application shall lie to the High Court for the exercise of its powers under the said sub-section for transferring any case from one Criminal Court to another Criminal Court in the same sessions division, unless an application for such transfer has been made to the Sessions Judge and rejected by him.
2. (2) When the High Court withdraws for trial before itself any case from any Court, it shall observe in such trial the same procedure which that Court would have observed if the case had not been so withdrawn.
3. (3) The High Court may act either on the report of the lower Court, or on the application of a party interested, or on its own initiative.
4. (4) Every application for the exercise of the power conferred by this section shall be made by motion, which shall, except when the applicant is the Government Advocate, be supported by affidavit or affirmation.
5. (5) When an accused person makes an application under this section, the High Court may direct him to execute a bond, with or without sureties, conditioned that he will, if so ordered, pay any amount which the High Court may under this section award by way of compensation to the person opposing the application.
6. (6) Notice to public prosecutor of application under this section.-Every accused person making any such application shall give to the public Prosecutor notice in writing of the application together with a copy of the grounds on which it is made, and no order shall be made on the merits of the application, unless at least twenty-four hours have elapsed between the giving of such notice and the hearing of the application. (6-a) Where any application for the exercise of the power conferred by this section is dismissed, the High Court may, if it is of opinion that the application was frivolous or vexatious, order the applicant to pay by way of compensation to any person who has opposed the application such sum not exceeding two hundred and fifty rupees as it may consider proper in the circumstances of the case.
7. (7) Nothing in this section shall be deemed to affect any order made under section 197.
8. (8) Adjournment on application under this section or under section 528.-If in an inquiry under Chapter VII or in any trial, any party interested intimates to the Court at any stage before the defence closes its case that he intends to make an application under this section or under section 528, the Court shall upon his executing, if so required, that he will make such application within a reasonable time to be fixed by the Court, adjourn the case for such a period as will afford sufficient time for the application to be made and an order to be obtained thereon: Provided that nothing herein contained shall require the Court to adjourn the case upon a second or subsequent intimation from the same party if the application is intended to be made to the same Court to which the party has been given an opportunity of making such an application, or, where an adjournment under this Sub-section has already been obtained by one of several accused, upon a subsequent intimation by any other accused.
9. (9) Notwithstanding anything hereinbefore contained, a Judge presiding in a Court of Session shall not be required to adjourn a trial under Sub-section (8) if he is of opinion that the person notifying his intention of making an application under this section has had a reasonable opportunity of making such an application and has failed without sufficient cause to take advantage of it. Explanation.-Nothing contained in Sub-section (8) or Sub-section (9) restricts the powers of a Court under section 344.
10. (10) If, before the argument (if any) for admission of an appeal begins, or in the case of an appeal admitted, before the argument for the appellant begins any party interested intimates to the Court that he intends to make an application under this section, the Court shall, upon such party executing, if so required, a bond without sureties of an amount not exceeding two hundred rupees that he will make such application within a reasonable time to be fixed by the Court, postpone the appeal for such a period as will afford sufficient time for the application to be made and an order to be obtained thereon. 526A. Omitted A. Omitted. 527.