Code:
Notwithstanding anything contained in the preceding provisions of this Chapter, the State Government may direct that any cases or class of cases committed for trial in any district may be tried in any sessions division:
Provided that such direction is not repugnant to any direction previously issued by the High Court or the Supreme Court under the Constitution, or under this Code or any other law for the time being in force.
Explain it:
This section empowers the High Court to order the trial of any case, triable by a Court of Session, to be held in any Sessions Division within the limits of its jurisdiction. This means that the High Court can, in its discretion, transfer a case from one Sessions Division to another, even if the offense occurred in a different Sessions Division.
The High Court can exercise this power if it deems it necessary for the following reasons:
- To ensure a fair and impartial trial
- To prevent the abuse of the process of the court
- To facilitate the convenient and expeditious disposal of the case
Illustrate it:
Imagine a case where the accused is a prominent politician and the offense occurred in a small town. There is a strong likelihood of local bias in the Sessions Division where the offense occurred. In such a scenario, the High Court can, under Section 185, transfer the trial to a different Sessions Division, where the accused is less likely to influence the proceedings.
Common Questions and Answers:
Q: Who can exercise the power under Section 185?
A: The High Court has the sole authority to order the transfer of cases under this section.
Q: What are the grounds for transferring a case under this section?
A: The High Court can transfer a case for reasons of fairness, preventing abuse of the process, or to facilitate efficient disposal.
Q: Can a Sessions Judge transfer a case under this section?
A: No. This power is exclusively vested in the High Court.
Q: What is the procedure for transferring a case under this section?
A: The High Court can transfer a case suo motu or on an application filed by any party.
