GEETHA Vs. ARUNAKUMARI

JUDGEMENT

(1.) This Criminal Revision Case has been filed by the accused person against the order passed by the Principal Session Judge, Chennai in transferring the case C. C. No. 6063 of 2003 on the file of the Additional Chief Metropolitan Magistrate, Egmore, Chennai to the file of Mahila Court, Chennai.

(2.) While considering the matter, a contention has been raised before the learned single Judge to the effect that a Sessions Judge was posted as Mahila Court was established by the Government. However, the power of a Metropolitan Magistrate could not have been conferred on such Mahila Court or the Sessions Judge without a specific notification by the State Government establishing such Court of Metropolitan Magistrate and, therefore, the proceedings pending before Addl. Chief Metropolitan Magistrate should not have been transferred to such Mahila Court.

(3.) Since such question raised a question of law of importance and also relating to jurisdiction and constitution of Court, learned single Judge thought it appropriate to place the matter before a Division Bench and that is how the matter is now placed before the Division Bench.