(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 an order under this section is required by any provision of this Sanhita,
or will tend to the general convenience of the parties or witnesses, or is expedient for
the ends of justice,
it may order—
(i) that any offence be inquired into or tried by any Court not qualified under
sections 197 to 205 (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 be committed for trial to a Court of Session; or
(iv) that any particular case or appeal be transferred to and tried before itself.
(2) 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:
Provided that no application shall lie to the High Court for transferring a 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.
(3) Every application for an order under sub-section (1) shall be made by motion,
which shall, except when the applicant is the Advocate-General of the State, be supported
by affidavit or affirmation.
(4) When such application is made by an accused person, the High Court may direct
him to execute a bond, with or without sureties, for the payment of any compensation which
the High Court may award under sub-section (7).
(5) Every accused person making 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 applications unless at least twenty-four
hours have elapsed between the giving of such notice and the hearing of the application.
(6) Where the application is for the transfer of a case or appeal from any Subordinate
Court, the High Court may, if it is satisfied that it is necessary so to do in the interest of
justice, order that, pending the disposal of the application the proceedings in the Subordinate
Court shall be stayed, on such terms as the High Court may think fit to impose:
Provided that such stay shall not affect the Subordinate Court’s power of remand
under section 346.
(7) Where an application for an order under sub-section (1) 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 as it may consider proper in the circumstances of the case.
(8) When the High Court orders under sub-section (1) that a case be transferred from
any Court for trial before itself, it shall observe in such trial the same procedure which that
Court would have observed if the case had not been so transferred.
(9) Nothing in this section shall be deemed to affect any order of Government under
section 218.
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