SOUNDARAJAN Vs. RAJENDRAN

JUDGEMENT

(1.) THIS Criminal Original Petition has been filed under Section 407 Cr.P.C., for transfer of C.C.No.13 of 2007, pending on the file of the learned Chief Judicial Magistrate, Pudukkottai to the file of the learned Additional District and Sessions Judge(FTC), Pudukkottai, for being tried together with S.C.No.99 of 2009, on its file.

(2.) THE case which is pending before the learned Additional District and Sessions Judge(FTC), Pudukkottai is a sessions case, which had been committed by a Committal Magistrate following the procedure for committing the cases involving offences exclusively triable by a court of session, whereas, the case now sought to be transferred is a calendar case involving offences which are not exclusively triable by a court of session. As such, a doubt has been raised as to whether this Court can simply transfer the case to the Court of Session which does not have the original jurisdiction to take cognizance of the offence, unless the case is committed to it for trial. The answer lies in Section 407 Cr.P.C., which deals with the power of the High Court to transfer cases. Especially sub-clause (ii) of Clause (1) of Section 407 Cr.P.C.,is to the effect that the High Court may order that any particular case or appeal or class of cases or appeals be transferred from a Criminal Court subordinate to its authority to any other such Criminal Court of equal or superior jurisdiction. The said clause will make it clear that committing a case for trial to the Sessions Court is different and transferring a case which was already taken cognizance of by a subordinate Criminal Court to the file of any other Criminal Court subordinate to the High Court including a sessions Court is different. While transferring the case which was taken cognizance of by a Magistrate, the High Court does not direct that the case be committed for trial. On the other hand, when a case is transferred to the Court of session, by virtue of the power found in Sub-section 407(1)(ii) Cr.P.C., when a case is transferred to the Court of session, it is just asked to try the case which has already been taken cognizance of. If at all, it could be contended that the Court of Session cannot deal with the matter unless the same is committed for trial to it, then the very same ratio will apply to the High Court. The provision shows that the High Court has got power to direct that any particular case or appeal be transferred to and tried before itself. It does not mean that when the High Court wants to transfer to its own file from the file of any subordinate court subordinate to it, it must order the case to be committed to it. Therefore, it cannot be any valid objection on the ground that mere transfer is sought for without seeking a direction to commit the case to the Sessions Court for trial.

(3.) IN view of the same, this Court comes to the conclusion that this Criminal Original petition is bound to fail. Accordingly, this Petition is dismissed relying on the proviso to Sub-Section(2) of Section 407 Cr.P.C. However, the petitioner is permitted to move at the first instance a petition before the learned Additional District and Sessions Judge(FTC), Pudukkottai and thereafter approach this Court, if he is not successful before the Sessions Court. Consequently, connected Miscellaneous Petition is dismissed.