How to file Applications for transfer of criminal proceeding under section 406 of the Criminal Procedure Code, 1973 and Section 11 of the Terrorist affected areas (Special Courts) Act, 1984? Order XXXIX of Supreme Court Rules 2013
1. Every petition for transfer under section 406 of the Code of Criminal Procedure, 1973 or under section II of the Terrorist Affected Areas (Special Courts) Act, 1984 shall be in writing. It shall set out concisely in separate paragraphs the facts and particulars of the case, the relief sought and the grounds therefor and shall be supported by an affidavit or affirmation.
2. The petition shall he posted before the Court for preliminary hearing and orders as to issue of notice.
Upon the hearing the Court, if satisfied that no prima facie case for transfer has been made out or that the petition is otherwise not tenable, shall dismiss the petition; and if upon such hearing the Court is satisfied that a prima facie case for granting the petition is made out, it shall direct that notice be issued to the respondent to show cause why the order sought for should not be made; such notice shall he given to the accused person where he is not the applicant, to the respondent State and to such other parties interested as the Court may think fit to direct.
3. The notice shall be served not less than twenty-one days before the date fixed for the final hearing of the petition. Affidavits in opposition shall be filed in the Registry not later than four days before the date appointed for hearing and the affidavit in reply shall be filed not later than 2 p.m. preceding the day of the hearing of the petition. Copies of affidavits in opposition and in reply shall be served on the opposite party or parties and the affidavits shall not be accepted in the Registry unless they contain an endorsement of servicesigned by such party or parties.
4. Where the petition is dismissed the Court, if it is of opinion that the application was frivolous orvexatious, may order the applicant to pay by way of compensation to any person who has opposed the 1pplication such sum as it may consider proper in the circumstances of the case.
(D) PROVISIONS REGARDING SPECIAL LEAVE PETITIONS UNDER
ARTICLE 136 OF THE CONSTITUTION
(E) APPEALS UNDER THE SPECIAL ACTS
(A) ORIGINAL SUITS
(B) PETITIONS UNDER ARTICLE 32 OF THE CONSTITUTION