• Can we move to high court in different state in India

My father has been accused with a criminal charge in another state than his residence. He has fought the case there for 12 years and the judgement of the session court is due tomorrow. We have heard that there is a political pressure which might affect the judgement and we might have to go to high court.

Can we go to the high court in his state of residence of 40+ years, for bail and for appealing against the session court judgement, on the grounds of his health. He is a 58 years old diabetic with heart issues as well and the travel takes a toll on his body.
Asked 7 months ago in Criminal Law from Australia
Religion: Hindu
appeal against order of the sessions court has to be filed in the high court wherein original case was filed 

2) your father cannot appeal against the impugned order in HC in another state 
Ajay Sethi
Advocate, Mumbai
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You can not prefer appeal in other high court.
Only the high court situated in the same state where the trial court passed the judgment will have to be moved.
To fight an appeal the accused need not be present in court.
Devajyoti Barman
Advocate, Kolkata
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54 Consultations
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The appeal jurisdiction from the secession court is high court. The other states high court has no jurisdiction in your case . 
Ajay N S
Advocate, Ernakulam
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19 Consultations
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1. As per law, your father shall have to approach the High Court having jurisdiction on the Court lower whose Judgment he is going to challenge,

2. He shall also have to file AB petition before the Court which is hearing the said criminal case,

3. For shifting the case to the High Court of another State, you shall have to tale leave from the supreme Court by applying for the said shift showing the ground. 
Krishna Kishore Ganguly
Advocate, Kolkata
12113 Answers
231 Consultations
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Political pressure does not work over the judiciary as the session judges and judges subordinate to him are under the supervision and control of the High Court and not the executive government. Be that as it may, the judgment of a sessions court can be assailed only before the jurisdictional High Court. 
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
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Can we go to the high court in his state of residence of 40+ years, for bail and for appealing against the session court judgement, on the grounds of his health. He is a 58 years old diabetic with heart issues as well and the travel takes a toll on his body.

An appeal against the sessions court judgment can be made only in the jurisdictional high court and not on any other state as per your convenience. 
Law is equal for everyone and it is not more equal for someone.
T Kalaiselvan
Advocate, Vellore
14056 Answers
127 Consultations
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Changing of a particular judge is possible but changing of high court only in rare and rarest occasions like JAYALATHIA , the chief minister of Tamilnadu case.

 
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
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You cannot change the High Court. It is laughable to even think that a High Court in India can ever be under political pressure. There can be political pressure on judges only if their appointment, transfer, elevation and removal is in the hands of executive but in India it is not so. If you had evidence to prove that the judge was biased then the remedy was to apply for transfer of case to another court, but judge hunting and court hunting is impermissible. Under no circumstances the judgment of a subordinate court can be appealed to a High Court which does not exercise territorial jurisdiction over it.
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
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we have advised that it is not a valid option to file appeal in HC in another state 

engage senior counsel for filing appeal in HC 
Ajay Sethi
Advocate, Mumbai
23284 Answers
1219 Consultations
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1. If you bare hell bent to shit the case to the High Court of your father's state, then he has to file a petition before the Supreme Court for shifting the said case accordingly,

2. While filing the said petition, your father shall have to show sufficient reason acceptable to the Supreme Court.
Krishna Kishore Ganguly
Advocate, Kolkata
12113 Answers
231 Consultations
5.0 on 5.0

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