INDIAN MUSIC INDUSTRY Vs. STATE OF DELHI

JUDGEMENT

(1.) This revision petition is directed against the order dated 16.11.2006 passed by the learned Sessions Judge whereby the Criminal Appeal titled as Indian Music Industry v State etc was withdrawn from the court of Ms Ravinder Kaur, Additional Sessions Judge, New Delhi (hereinafter referred to as Judge "A") and "transferred" to the court of Shri S.P. Garg, Additional Sessions Judge, New Delhi for disposal in accordance with law.

(2.) The learned counsel for the petitioner has raised several points of law. He submits that this order passed by the learned Additional Sessions Judge is not in accordance with the provisions of either Section 408 or 409 of the Code of Criminal Procedure, 1973 which empowers the Sessions Judge to transfer and withdraw/recall cases and or appeals pending before the subordinate courts in the same district.

(3.) Before the questions that arise in this matter are formulated, it would be appropriate if the genesis of this order is set out. The said appeal was being heard by Judge "A" on 1.11.2006 which was directed to be put up for arguments on 3.11.2006. On that date, part arguments were heard and it was directed that the appeal be put up for further arguments on 7.11.2006. On 7.11.2006, further arguments were heard and Judge "A" directed that the matter be put up on 13.11.2006 at 4.00 p.m. for orders. The position as it obtained on that date was that the arguments in the appeal had concluded and the matter had been reserved for orders.