Source: Karnataka High Court

Why in News?

Recently, the bench of Justice Shivashankar Amarannavar heard a petition on an application of Section 407 of the Code of Criminal Procedure, 1973 (CrPC).

• The Karnataka High Court observed this in the case of M/s Achiever Agri India (P) Ltd & Others v. State by Sub Inspector Hebbagodi Police Station.

What was the Background of M/s Achiever Agri India (P) Ltd & Others v. State by Sub Inspector Hebbagodi Police Station?

• The current petition in the case was filed seeking transfer of 16 First Information Reports (FIRs) registered in different Police Stations to one of the Courts where the said crimes are pending to conduct trial together.
• The court was supposed to discuss the application of Section 406 and 407 of CrPC for transfer of FIRs.

What were the Court’s Observations?

• The KHC held that “Since the petitioners have sought for transfer of FIRs it cannot be said that a case is pending in the subordinate Court to invoke the powers of this Court under Section 407 of CrPC”.
• The HC further said that transfer of FIR amounts to transfer of investigation.
  • Investigations cannot be transferred by invoking powers under Section 407 of CrPC. The cases and appeals can be transferred under the powers of Section 407 of CrPC.

What is Section 406 of CrPC?

• Section 406:
  • This section empowers the Supreme Court to transfer any criminal case or appeal from one High Court to another High Court or from a Criminal Court subordinate to one High Court to a Criminal Court subordinate to another High Court.
  • 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.

What is Section 407 of CrPC?

• Section 407:
  • This section gives the High Court the authority to transfer cases and appeals within its own jurisdiction from one Court to another.
  • It can be done on the following grounds:
    • that a fair and impartial inquiry or trial cannot be had in any Criminal Court subordinate thereto, or
    • that some question of law of unusual difficulty is likely to arise, or
    • that an order under this section is required by any provision of this Code or will tend to the general convenience of the parties or witnesses or is expedient for the ends of justice.
• Application Procedure under Section 407:
  • All applications for an order under subsection (1) must be made by motion.
  • Unless the applicant is the Advocate-General of the State, the motion must be supported by affidavit or affirmation.
  • If the applicant is an accused person, the High Court may direct them to execute a bond, with or without sureties, for the payment of any compensation that the High Court may award under subsection (7).
• Notice to Public Prosecutor under Section 407:
  • Accused persons making such applications must provide written notice to the Public Prosecutor, along with a copy of the grounds for the application.
  • 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.
• Transfer of Case or Appeal under Section 407:
  • If the application is for the transfer of a case or appeal from any Subordinate Court, the High Court may, if satisfied that it is necessary in the interest of justice, order a stay on the proceedings in the Subordinate Court pending the disposal of the application.
  • The stay, however, shall not affect the Subordinate Court's power of remand under Section 309.
• Dismissal of Application under Section 407:
  • If an application under subsection (1) is dismissed, the High Court may, if it finds the application frivolous or vexatious, order the applicant to pay compensation to any opposing party, not exceeding one thousand rupees, as it deems proper in the circumstances.
• Trial Procedure under Section 407:
  • When the High Court orders under subsection (1) that a case be transferred from any Court for trial before itself, it shall follow the same procedure as the original Court would have observed if the case had not been transferred.
• Non-Affecting Provision under Section 407:
  • Nothing in this section shall affect any order of the Government under Section 197.