When Transfer of Criminal Trial from U.P or Uttarakhand to other state possible?


Supreme Court has power to transfer a Criminal Trial from one State to any other State of India.

Supreme Court has these powers under Sec.406 of Cr.PC.

In case of Vikas V/s Uttarakhand, (2011) 1 SCALE 215, Supreme Court transferred criminal trial from Haridwar to Delhi, as the complainant made out a case from averments in petition that the accused were part of some gang operating from U.P and they were frequently attacking them and witnesses were afraid.

These are special powers of Supreme Court only to transfer a criminal case from one state to other state. A criminal case pending in any one state can be transferred to any other state whenever requirements of Sec 406 are fulfilled.

Haresh Raochura

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