Transfer of Case--Special Courts PC Act and PML Act--Accused May Directly Approach High Court Under Section 447 BNSS Without Prior Recourse to Sessions Court
A person seeking transfer of a case from one Special Court to another Special Court may directly approach the High Court under Section 447 of the Bharatiya Nagarik Suraksha Sanhita, 2023, without first approaching the Sessions Court. Special Courts constituted under special statutes such as the Prevention of Corruption Act and the Prevention of Money Laundering Act exercise exclusive jurisdiction and do not fall within the ambit of the proviso to Section 447 BNSS, which mandates prior approach to the Sessions Court. Further, an accused person, and not merely the authorized authority under Section 44 of the PMLA, is entitled to seek such transfer on valid grounds.
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