S.402 CrPC Pertains To High Court's Power To Transfer Revision Cases, Not Applicable When Appeal Is Pending Before Sessions Court: Kerala High Court

The Kerala High Court clarified that Section 402 of the CrPC, which deals with the transfer of cases, is not an appeal but a revision. The court emphasized that the scope of revision is limited to correcting errors of jurisdiction or procedure and does not involve re-evaluating evidence or re-assessing the merits of the case. The judgment was delivered in a case where the petitioner sought the transfer of a criminal case to another court, arguing that the current court was biased. The court noted that the petitioner had not provided sufficient evidence to support the claim of bias and that the transfer request was an attempt to delay the proceedings. The court dismissed the petition, reiterating that the purpose of Section 402 is to ensure fair and impartial trials, not to provide an avenue for forum shopping.