Transfer Petition format under Section 406 of Criminal Procedure Code to be
filed in Supreme Court of India.

For Transfer of a Criminal Case from one Court to another the Petition can
be filed in Supreme Court under Section 406 of CrPC. Format
of Transfer Petition is:

 

 

SYNOPSIS

That the present Petition has been filed for the transfer of trial
proceedings under Section 406 of Code of Criminal Procedure in FIR no:
___________ to the actual competent court having jurisdiction to try the case.
The Petitioner is being wrongly tried in Hon’ble NIA Court, New Delhi for the
offences allegedly having been committed within the territorial jurisdiction of
Hon’ble NIA Court Srinagar, J&K as per the bare facts relieved in the
supplementary charge-sheet no.___________.

Petitioner has been languishing in jail from last six years, he was initially
arrested in the year 2009 and subsequently slapped with a detention order no.
_____, dated ____ under the provisions of J&K Public Safety Act, 1978 on the
basis of his involvement in Case FIR no. ____ registered under section 7/25 Arms
Act and u/s 18, 20 Unlawful Activities (P) Act. The said detention order was
declared to be unlawful and came to be quashed by the Hon’ble High Court of J&K.
Also, later on the said case FIR no. ____ also came to be dismissed by the trial
court for lack of evidence.

The above express provision of law mandates that the trial going on before the
Hon’ble NIA Court, New Delhi is unlawfully, arbitrarily and without any
authority of law.

 

LIST OF DATES
__.02.__ Petitioner was arrested in Case FIR no. ___ and lodged in the custody
of P/S ____, Srinagar.

__.04.__ Office of the District Magistrate, Srinagar issued a detention order
No.DMS_____,dated ___ U/S 8 of the J&K Safety Act 1978.

01.1.__ Petitioner continued to be in unlawful judicial custody for about five
months. Only then a frivolous supplementary charge-sheet came to be filed
terming the Petitioner as accused no. 11 in the main case of __________.
Alleging the Petitioner has committed offences in the State of J&K and for those
offences will be tried in Hon’ble NIA court in New Delhi.

xx.xx.20__ Hence this Transfer Petition.

THE HON’BLE SUPREME COURT OF INDIA
(CRIMINAL TRANSFER JURISDICTION)
TRANSFER PETITION NO.

IN THE MATTER OF:


M A DA
S/O: A K
R/O: ____
PRESENTLY IN CENTRAL JAIL NO.1
TIHAR JAIL, NEW DELHI.                                        
….PETITIONER

VERSUS

1. UNION OF INDIA
THROUGH HOME SECRETARY,
MINISTRY OF HOME AFFAIRS,
NORTH BLOCK
CENTRAL SECRETARIAT
NEW DELHI – 110001

2. NATIONAL INVESTIGATION AGENCY,
6TH & 7TH FLOOR, NDCC-II BUILDING,
JAI SINGH ROAD, NEW DELHI-110001.

3. GOVERNMENT OF JAMMU & KASHMIR
THROUGH IT CHIEF SECRETARY
CIVIL SECRETARIAT, JAMMU
JAMMU & KASHMIR.                                               
….RESPONDENTS

PETITION UNDER SECTION 406 OF Cr.P.C ON BEHALF OF PETITIONERS FOR TRANSFER OF
THE CASE FIR NO. _____ TO ACTUAL COMPETENT COURT AT SRINAGAR, JAMMU & KASHMIR.

To,
The Hon’ble Chief Justice Of India & His Companion Judges Of
The Supreme Court Of India At New Delhi.

The humble petition of the petitioner above named:

MOST RESPECTFULLY SHOWETH:
1. That the present Petition has been filed for the transfer of trial
proceedings under Section 406 of Code of Criminal Procedure in FIR no:
_________________ to the actual competent court having jurisdiction. The
Petitioner is being wrongly tried in Hon’ble NIA Court, New Delhi for the
offences allegedly having been committed within the territorial jurisdiction of
Hon’ble NIA Court Srinagar, J&K as per the facts relieved in the supplementary
charge-sheet no._____.

 

BRIEF FACTS:
2. That the petitioner was arrested on ______________ pursuant to some
intelligence information received. Petitioner was arrested from Hazratbal,
Srinagar. It was alleged that during the time of arrest of the petitioner some
ammunition was recovered from him. An FIR no. ____ under section ____ Arms Act
and u/s 18, 20 ULA(P) Act was registered against Petitioner in the Police
Station ____, Srinagar. Copy of the FIR no. ____ has been annexed as ANNEXURE
P/1.

3. That after being arrested on ______ it was also alleged that the petitioner
made certain disclosures that lead to recovery of further more ammunition and
certain incriminating documents. Petitioner was lodged in the police custody of
Police Station ________ for his alleged involvement in other case FIR No. _____
u/s 307, 324 RPC 3/5 E.S Act under Police remand. Copy of the FIR no. ____ has
been annexed as Annexure P/2.

4. That while in custody a detention order no. ______ dated ______ under the
provisions of Public Safety Act, 1978 was passed by the District Magistrate,
Srinagar against the Petitioner. Curtailing the freedom of Petitioner and
limiting his rights of bail. District Magistrate while quote FIR no. _____ and
FIR no. ____ declared that:

Ӆ.It is clear that your activities are highly pre-judicial to the maintenance
of security of the state. Under such compelling circumstances, it has become
imperative to detain you under Public Safety Act, 1978 for which orders are
being issued separately.
Copy of the Detention order ______ dated ____ has been annexed as Annexure P/3.

5. That the petitioner after being chocked of fundamental rights was
constrained to approached Hon’ble High Court of J&K challenging detention order
no. ______ dated ____. The Petitioner questioned the detention order on
following grounds:

i. That the detenu was not served the order of detention, so as to enable him
to make an effective representation against detention order, which has
prejudiced his right guaranteed under Article 22(5) of the Constitution.

ii. That the copy of grounds of detention has not been served upon the detenu in
a language understood by him. It is further stated that the material relied upon
by the respondents in passing the order of detention, has not been made
available to the detenu, action on the part of respondents is said to be
violative of Section 13(1) of the Act.

6. That the Hon’ble High Court of Jammu and Kashmir while considering the case
of the Petitioner was pleased to quash the detention order and directed the
release of the Petitioner, if not required in any other case. Copy of the order
of Hon’ble High Court in ______ dated _____ has been annexed as ANNEXURE P/4.

7. That the petitioner while being in lodgment was successfully contesting the
alleged offense registered against him in various Police Stations of Kashmir
Valley and also continuing his law studies in the University of Kashmir by
virtue of Hon’ble High Court’s order mentioned aforesaid.

GROUNDS:
a. That the trial is be conducted outside territorial jurisdiction were the
offence was allegedly committed.

b. That Prima Facie charge-sheet doesn’t disclose any such event or incident
that has happened within the Jurisdiction of Hon’ble NIA Court, New Delhi.

c. That all the witnesses mentioned in witness list of the supplementary are
from the State of Jammu & Kashmir. That in the interest of the justice best
course of action is to shift the trial to State of Jammu & Kashmir.

PRAYER:

In the premises mentioned above, it is most respectfully prayed that this
Hon’ble Court may be pleased to:

a. Transfer petitioners case FIR no. ___________ to the Hon’ble NIA Court in
Srinagar, Jammu& Kashmir.

b. Pass such other and further orders as this Hon’ble Court may deem just and
proper in the facts and circumstances of the case.

Advocate for the petitioner

Drawn By:
Drawn on:
Filed on:
New Delhi