The Code of Criminal Procedure, 1898
Part IX: SUPPLEMENTARY PROVISIONS
Chapter XLIV
OF THE TRANSFER OF CRIMINAL CASES
Section 525A: Power of Appellate Division to transfer cases and appeals
525A.(1) The Appellate Division may direct the transfer of any particular case or appeal from one permanent Bench of the High Court Division to another permanent Bench of the High Court Division, or from any Criminal Court within the jurisdiction of one permanent Bench of the High Court Division to any other Criminal Court of equal or superior jurisdiction within the jurisdiction of another permanent Bench of the High Court Division, whenever it appears to it that such transfer will promote the ends of justice, or tend to the general convenience of parties or witnesses.
 
(2) The permanent Bench of the High Court Division or the Court, as the case may be, to which such case or appeal is transferred shall deal with the same as if it had been originally instituted in, or presented to, such Bench or Court, as the case may be.
Section 526: High Court Division may transfer case or itself try it
526.(1) Whenever it is made to appear to the High Court Division-
 
 
(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 a view of the place in or near which any offence has been committed may be required for the satisfactory inquiry into or trial of the same, or
 
 
(d) that an order under this section will tend to the general convenience of the parties or witnesses, or
 
 
(e) that such an order is expedient for the ends of justice, or is required by any provision of this Code; it may order-
 
 
(i) that any offence be inquired into or tried by any Court not empowered under sections 177 to 183 (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 or appeal be transferred to and tried before itself; or
 
 
(iv) that an accused person be sent for trial to itself or to a Court of Session.
(2) When the High Court Division withdraws for trial before itself any case from any Court it shall observe in such trial the same procedure which that Court would have observed if the case had not been so withdrawn.
 
 
(3) The High Court Division 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 Division 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.
 
 
(4) Every application for the exercise of the power conferred by this section shall be made by motion, which shall, except when the applicant is the Attorney-General, be supported by affidavit or affirmation.
 
 
(5) When an accused person makes an application under this section, the High Court Division may direct him to execute a bond, with or without sureties, conditioned that he will, if so ordered, pay any amount which the High Court Division may under this section award by way of compensation to the person opposing the application.
(6) Every accused person making any 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 application unless at least twenty-four hours have elapsed between the giving of such notice and the hearing of the application.

 
 

(6A) Where any application for the exercise of the power conferred by this section is dismissed, the High Court Division 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 taka as it may consider proper in the circumstances of the case.



(7) Nothing in this section shall be deemed to affect any order made under section 197.
(8) If in any inquiry under Chapter VIII or any trial, any party interested intimates to the Court at any stage before the defence closes its case that he intends to make an application under this section, the Court shall, upon his executing, if so required, a bond without sureties, of an amount not exceeding two hundred taka, that he will make such application within a reasonable time to be fixed by the Court, adjourn the case for such a period as will afford sufficient time for the application to be made and an order to be obtained thereon:

 
 

Provided that nothing herein contained shall require the Court to adjourn the case upon a second or subsequent intimation from the same party, or, where an adjournment under this sub-section has already been obtained by one of several accused, upon a subsequent intimation by any other accused.

 
 

(9) Notwithstanding anything hereinbefore contained, a Judge presiding in a Court of Session shall not be required to adjourn a trial under sub-section (8) if he is of opinion that the person notifying his intention of making an application under this section has had a reasonable opportunity of making such an application and has failed without sufficient cause to take advantage of it.


Explanation-Nothing contained in sub-section (8) or sub-section (9) restricts the powers of a Court under section 344.

 
 

(10) If, before the argument (if any) for the admission of an appeal begins, or, in the case of an appeal admitted, before the argument for the appellant begins, any party interested intimates to the Court that he intends to make an application under this section, the Court shall, upon such party executing, if so required, a bond without sureties of an amount not exceeding two hundred taka that he will make such application within a reasonable time to be fixed by the Court, postpone the appeal for such a period as will afford sufficient time for the application to be made and an order to be obtained thereon.
Section 526B: Power of Sessions Judge to transfer cases
526B.(1) Whenever it is made to appear to a Sessions Judge that an order under this section is expedient for the ends of justice, he may order that any particular case be transferred from one Criminal Court to another Criminal Court in his sessions division.

 
 

(2) The Sessions Judge may act either on the report of the lower Court, or on the Application of a party interested, or on his own initiative.

 
 

(3) The provisions of sub-sections (4) to (10) (both inclusive) of section 526 shall apply in relation to an application to the Sessions Judge for an order under sub-section (1) as they apply in relation to an application to the High Court Division for an order sub-section (1) of section 526.
Section 528: Sessions Judge may withdraw cases from Assistant Sessions Judge.
528.(1) Any Sessions Judge may withdraw any case from, or recall any case which he has made over to, any Joint Sessions Judge subordinate to him.
(1A) At any time before the trial of the case or the hearing of the appeal has commenced before the Additional Sessions Judge, any Sessions Judge may recall any case or appeal which he has made over to any Additional Sessions Judge.
(1B) Where a Sessions Judge withdraws or recalls a case under sub-section (1) or recalls a case or appeal under sub-section (IA), he may either try the case in his own Court or hear the appeal himself, or make it over in accordance with the provisions of this Code to another Court for trial or hearing, as the case may be.
(2) [The Chief Metropolitan Magistrate or Chief Judicial Magistrate or District Magistrate may withdraw any case from, or recall any case which he has made over to, any Magistrate subordinate to him, and may inquire into or try such case himself, or refer it for inquiry or trial to any other such Magistrate competent to inquire into or try the same.
(3) The Government with the approval of the High Court Division may authorize the Chief Metropolitan Magistrate or the Chief Judicial Magistrate to withdraw from any Magistrate subordinate to him either such classes of cases as he thinks proper, or particular classes of cases.


(4) Any Magistrate may recall any case made over by him under section 192, sub-section (2), to any other Magistrate and may inquire into or try such case himself.


(5) A Magistrate making an order under this section shall record in writing his reasons for making the same.