HOLA RAM Vs. STATE

JUDGEMENT

(1.) This is an application by Hola Ram for the transfer of a criminal case pending before a Special Magistrate in Lucknow to the Court of some Magistrate in Allahabad on the ground of convenience to the parties.

(2.) Two preliminary questions, however, arise in this case. The first is whether the present application for transfer should have been made to the Bench of this Court sitting at Lucknow. The second is whether it is open to the Bench at Lucknow to transfer the case from Lucknow to Allahabad. Article 14 of the United Provinces High Courts (Amalgamation) Order, 1948, provides as follows: "The new High Court, and the Judges and division Courts thereof, shall sit at Allahabad or at such other places in the United Provinces as the Chief Justice may, with the approval of the Governor of the United Provinces, appoint : Provided that unless the Governor of the United Provinces with the concurrence of the Chief Justice otherwise directs, such judges of the new High Court, not lees than two in number, as the Chief Justice may from time to time nominate, shall sit at Lucknow in order to exercise in respect of cages arising in such areas in Oudh as the Chief Justice may direct, the jurisdiction and power for the time being vested in the new High Court: Provided further that the Chief Justice may in his discretion order that any case or class of cases arising in the said areas shall be heard at Allahabad." Section 526, Criminal P. C., empowers the High Court to transfer any criminal case from one criminal Court subordinate to its authority to any other criminal Court of equal or superior jurisdiction also subordinate to its authority.

(3.) It is clear from Article 14 of the Amalgamation Order that the Judges of this Court may sit either at Allahabad or at Lucknow on the ground of convenience and whether they sit at Allahabad or at Lucknow, all criminal Courts whether they are in areas in Avadh or in the remaining areas of the State are subordinate to them. It is, therefore, open to the Judges of this Court whether they sit at Allahabad or at Lucknow to order the transfer of a case from any subordinate Court in any part of the State to any other subordinate Court in any other part of the State. So far, therefore, as the second point is concerned, the fact that the Judges of this Court sit partly in Allahabad and partly in Lucknow does not affect the jurisdiction of the Judges to transfer a case pending in any part of the State to any other part of the State, provided the matter comes up before them in due course.