NABA WELLY Vs. STATE OF ASSAM

JUDGEMENT

(1.) This iis an application under Section 407 of the Criminal Procedure Code (hereinafter referred to as the Act) for transferring the case from Civil Judge (Senior Division), Sonitpur to District Magistrate, Seppa East Kameng (Arunachal Pradesh) on the ground that the accused and the complainant botth reside within the jurisdiction of Arunacha Pradesh. Although the occurrence has taken place in this case within the jurisdiction of Sessions Court, Sonitpur and in normal circumstances only that Court would have the jurisdiction to try the offence, yet Section 407 of the code empowers the High Court to transfer cases and appeals when it is made to appear to the High Court that an order under the aforesaid section is required or would tend to the general convenience of the parties or witnesses or is expedient for the ends of justice.

(2.) The relevant section is reproduced below: ''407. Power of High Court to transfer cases and appeals - (1) Whenever it is made to appear to the High Court -

(3.) May be no decided case has been cited at the Bar in the course of arguments, the wording of the section is very clear. In the present case not only the accused is wanting transfer but the complainant is also wanting the transfer of the case on the ground of residence or in other words convenience of the parties. If the factum of place of occupation would have been the last word for trial of the case, Section 407 would become redundant. The persons behind enacting 407 is to confer powers upon the High Court to order transfer of the case in certain situation. The object of the Parliament while making such a provisions is manifest that in appropriate, the High Court should have sufficient powers to transfer the case to any other court which court in ordinary circumstances would not have jurisdiction to try the case. In the present case Clause (C) reproduced above would apply as the trial in Arunachal would be for the convenience of the parties and it would otherwise be expedient for the ends of justice.