IN RE DISTRICT Vs. STATE

JUDGEMENT

(1.) THIS Miscellaneous criminal case is registered for consideration of Memo No. 63/II -16.2.2001, Jabalpur, dated 15th January, 2002, submitted by District & Sessions Judge, Jabalpur, seeking the permission to transfer the 70 part -heard sessions trial pending in the Court of First Addl. Sessions Judge, Katni to the Court of Addl. Judge, to the Court of First Addl. Sessions Judge, Katni on administrative ground, or for a guidance, on a consideration of a Full Bench decision of the Allahabad High Court reported in Radheshyam v. State [(1984) 2 Crimes 50], and the pronouncement of our own High Court reported in Deepchand v. State of M.P. [1998 (2) MPLJ 670].

(2.) SINCE on consideration of sections 408 and 409 (2) of the Code of Criminal Procedure, it is clearly explained by this Court in paragraph 6 at page 673 in Deepchand's case (supra) that -

(3.) THUS , in exercise of powers provided under sub -section (1) of section 407 of the CrPC, the 70 part -heard Sessions trials, which are detailed in the schedule annexed with the memo of Distt. & Sessions Judge, Jabalpur, are withdrawn from the Court of First Addl. Sessions Judge, Katni and transferred to the Court of Addl. Judge to the Court of First Addl. Sessions Judge, Katni, for disposal according to law.