CrPC 406 — Power of Supreme Court to transfer cases and appeals

Code of Criminal Procedure, 1973

Statutory text

(1) Whenever  it  is  made  to  appear  to  the
Supreme Court that an order under this section is expedient for the ends of justice, it may direct that any particular
case  or appeal be  transferred from one  High Court to another High  Court or from a  Criminal  Court subordinate  to one High Court to another Criminal Court of equal or superior jurisdiction subordinate to another High Court.
 (2) The Supreme Court may act under this section only on the application of the Attorney-General of India or
of a party interested, and every such application shall be made by motion, which shall, except when the applicant is the Attorney-General of India or the Advocate-General of the State, be supported by affidavit or affirmation.
(3) Where  any  application  for  the  exercise  of  the  powers  conferred  by  this  section  is  dismissed,  the  Supreme
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 one thousand rupees as it may consider appropriate in the circumstances of the case.

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