s 239 Power of General Division of High Court to transfer cases
239.—(1) Where in respect of any case it appears to the General Division of the High Court that —(a) a fair and impartial trial cannot be had in any State Court; (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 High Court may order — (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.[5/2014; 40/2019] (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‑trial procedures in the State Courts in Part 9, and the order may be granted at any time thereafter before the conclusion of the trial.[5/2014] (3) The application for the transfer of a case is to be by way of a motion and Division 5 of Part 20 applies, 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 High Court may, if it thinks fit, order the accused to execute a bond with or without sureties requiring the accused, if convicted, to pay the costs of the prosecution.[40/2019] —(1) Where in respect of any case it appears to the General Division of the High Court that —(a) a fair and impartial trial cannot be had in any State Court; (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 High Court may order — (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.[5/2014; 40/2019] (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‑trial procedures in the State Courts in Part 9, and the order may be granted at any time thereafter before the conclusion of the trial.[5/2014] (3) The application for the transfer of a case is to be by way of a motion and Division 5 of Part 20 applies, 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 High Court may, if it thinks fit, order the accused to execute a bond with or without sureties requiring the accused, if convicted, to pay the costs of the prosecution.[40/2019]