Q. Whether A Criminal Case Can Be Transferred Under Section 406 CrPC Merely Because The Party Does Not Understand The Language Of The Court Which Has Jurisdiction To Hear The Case?

A. NO

RELEVANT CASE LAW:

RAJKUMAR SABU VS. SABU TRADE PRIVATE LIMITED  LL 2021 SC 253

Q. IN A GIVEN CASE,

1. One Rajkumar Sabu, Against Whom A Criminal Case Is Pending In Salem Court, Has File Transfer Application By Taking The Plea That He Is Not Being Able To Understand Tamil Language, And Therefore The Case Ought To Be Transferred To A Court In Delhi.
2. He relied on the decision in SRI JAYENDRA SARASWATHY SWAMIGAL (II), T.N. VS. STATE OF TAMIL NADU & ORS. [(2005) 8 SCC 771]. DECIDE.

A. THE APPLICATION IS LIABLE TO BE DISMISSED.

REASON:

Language is not the criteria based on which transfer of the case was directed.

The language factor weighed with the Court while deciding the forum to which the case was to be transferred after decision was taken to transfer the case for certain other reasons.