Model Form of Transfer Application
IN THE COURT OF THE SESSIONS JUDGE AT ………………. Transfer
Application No.....of 20....
..........................., son of.......aged about......yrs,
occupation.........resident of...... ......Petitioner
(Original accused)
v.
............................., son of......aged about.....yrs.
occupation.......resident of..... ..........Respondent
(Original Complainant)
Application u/s 408, Cr. P.C.
May It Please Your Honour,
The abovenamed Petitioner Most Respectfully Sheweth:
1. That the Petitioner is on trial before the Court of Shri ......................, the Judicial Magistrate of the First Class in criminal case No....of 19....., pending in the said Court under Section 406 of the I.P.C.
2. That on the .......................................... the petitioner had applied for an adjournment on the ground that the petitioner had to perform the Shradh ceremony of his deceased mother; but the learned Magistrate refused the application of adjournment remarking with contempt "dishonest accused persons should not be encouraged in their applications."
3. That during the course of the trial the learned Magistrate had even called the Petitioner as a "gunda and undesirable element in the society", and had expressed in the Court on other occasions in similar manner which gives grounds to believe that the Court is prejudiced against the Petitioner.
4. That the Petitioner has a reasonable apprehension in his mind that a fair and impartial trial will not be had in this case before the present learned Magistrate.
5. In view of the above circumstances the petitioner humbly prays that Your Honour may be pleased to order the transfer of the said Criminal Case from the file of the Court of the Judicial Magistrate to the file of any other Judicial Magistrate.
6. The Petitioner further prays that your Honour may be pleased to call for the record of the case and to issue notice to the said learned Magistrate and the respondent to show cause why the case should not be transferred.
7. The Honourable Court may be further pleased to pass such other orders as may be deemed fit and proper in the circumstances of the case; and that pending the hearing of this application further hearings and proceedings in the said case before the said Court be stayed.
And for this of kindness the petitioner, as in duty bound, shall ever pray.
(Name of Place) Sd/-
Date............ Petitioner
I, A, the petitioner above-named, residing as above do hereby state on solemn affirmation that what is stated in the above petition is true to my own knowledge and information and I believe the same to be true.
(Name of Place) Sd/-
Date……….. Petitioner
