The Supreme Court, if finds it necessary, and for practical reasons, transfer a Criminal Case or Appeal from one High Court to another High Court or from one Subordinate Court of a High Court to the other Subordinate Court of the other High Court. The Subordinate Court is equal or Superior to that of the other side of the High Court.

The Apex Court must act only on Application filed by the interested party including that of Attorney General of India and will take up the matter by motion, however, the Attorney General of India and Advocate General of the State can file an Affidavit together with the Application.   

Provided the Supreme Court dismissed the Application for the reasons that it was frivolous and vexatious then it might order the Applicant to pay the costs to the other side not exceeding Rs. 1000/- if such thing is appropriate and necessary.

Point to Remember: The Supreme Court can only interfere on the Interstate transfer of criminal cases under the Law.

When the High Court, from the available information at its disposal, is of the opinion that;

1. Unbiased inquiry or trial in the Subordinate Court is doubtful
2. Question of law may arise
3. Its own Order may be required, convenience of parties or witnesses or for ends of justice

In such case, it may pass Order that;

1. The particular case may be tried by any other Court but not empowered under Sections 177 to 185 of Cr.P.C. otherwise it is competent to try such offence.
2. The case in hand [case or appeal or class of cases or appeals] be transferred to other Criminal Court of equal or superior jurisdiction
3. The particular case may be transferred to the Sessions Court, or
4. It could be tried on its own.

The above arrangements could be made by the High Court on its own or on a receipt of an Application from concerned party / parties or from the lower Court.

The High Court would not entertain any fresh Application on transfer of case within the Sessions Jurisdiction unless such Application was rejected by any Sessions Judge of that Jurisdiction.

The High Court will take up an Application on transfer by motion and the exception is only to the Advocate General of the State who can support his prayer by Affidavit or Affirmation.

While such Application is received from the Accused, he shall execute a Bond with or without Sureties for payment of compensation if any which the High Court would award.

The Accused shall give notice together with a copy of the Application and grounds therein detailing merits of his case to the Public Prosecutor [PP]. The Order on the Application shall not be passed by the Court without Accused giving at least 24 hour notice to the PP.

Should the High Court deems fit, it may pass Stay Order directing the lower Court to stop execution of any proceedings on the case till disposal of Application on transfer. However such Order would not abdicate the remand powers of the lower Court given under Section 309 Cr.P.C.

If the Application was rejected by the High Court as a result of its findings that it was frivolous or vexatious, yet, just to drag the case, then it could fix a compensation and direct the Applicant to pay it to the other side. The compensation should not exceed Rs. 1000/-. 

Provided the High Court finds it eligible to conduct the case on its own then it has to follow the procedures normally followed by that Court from where it was being transferred.

Otherwise, this Section does not defeat any Order of the Government under Section 197 of Cr.P.C.  

The Sessions Court, if it finds appropriate for it to transfer the case within its Jurisdiction for the ends of justice, it may do so.

It can transfer on his own, or from the report of the lower Court or by receipt of an Application from the interested party / parties.

Otherwise, Clause, 3, 4,5,6,7 and 9 of Section 407 applies to the Sessions Court except in Clause 7 the words Rs. 1000/- be replaced with Rs. 250/- is applied in the Sessions Court.

The Sessions Judge who has transferred the case or appeal to his subordinate Assistant Sessions Judge or CJM / CMM may withdraw or recall it.

The Sessions Judge, any time before the commencement of trial or appeal by the Additional Sessions Judge, withdraw the case or Appeal given to him.

The Sessions Judge who withdraw a case or appeal may on his own try the case or hear the appeal or may assign it to his Subordinate Court.

The CJM / CMM may withdraw or recall any case which has been assigned to a Magistrate subordinate to him. He can conduct such case on his own or assign to any other Magistrate who is competent to try.

Any case that was transferred by the CJM / CMM under Clause 2 of Section 192 of Cr.P.C. to other Magistrate may inquire or try such on his own. 

The District Magistrate or Sub Divisional Magistrate refer any proceedings for its disposal to Magistrate subordinate to him. He can also withdraw or recall such proceedings either handle himself or refer it for disposal to any Magistrate of his choice. 

The Sessions Judge or CJM / CMM making an Order under Sections 408, 409 and 410 of Cr.P.C. must record his reasons for doing so.