(a)a fair and impartial trial cannot be had in any Subordinate2014State2014 Court;
Section history
Section 239 — Power of General Division of High Court to transfer cases
Consolidated view is experimental and may be broken for certain provisions.
Amendments
(1)Where in respect of any case it appears to the General Division of the 2021High Court that —
(b)some question of law of unusual difficulty is likely to arise; or
(c)a transfer of the case is expedient for the ends of justice or is required by this Code or any other written law,
the General Division of the 2021High Court may order —
(i)that the case be transferred from a Subordinate2014State2014 Court to any other Subordinate2014State2014 Court of equal or superior jurisdiction; or
(ii)that the case be transferred to and tried before the General Division of the 2021High Court.
(d)that the case be transferred from a State Court to any other State Court of equal or superior jurisdiction; or
(e)that the case be transferred to and tried before the General Division of the High Court.
(2)An application for the transfer of a case may be made only after a court has fixed the case for trial in accordance with the pre-trial2021pre‑trial2021 procedures in the Subordinate2014State2014 Courts in Part IX,20219,2021 and the order may be granted at any time thereafter before the conclusion of the trial.
(3)The application for the transfer of a case shall2021is to2021 be by way of a motion and Division 5 of Part XX2021202021 shall apply,2021applies,2021 except that where the applicant is the Public Prosecutor, the motion need not be supported by affidavit.
(4)When an accused makes an application under this section for the transfer of a case, the General Division of the 2021High Court may, if it thinks fit, order him2021the2021 accused 2021to execute a bond with or without sureties requiring him,2021the2021 accused, 2021if convicted, to pay the costs of the prosecution.