IN RE: SURRINDER SINGH Vs. STATE

JUDGEMENT

(1.) THE learned Sessions Judge of Delhi by his order dated 10th April, 1964, transferred the case pending against Surrinder Singh alias Chhida petitioner under section 302, Indian Penal Code, from the Court of Shrimati Kaushalya Pahwa, Lady Magistrate, working as Children's Court under the Children Act No. 60 of 1960 (hereinafter referred to as the Act) to the Court of the Additional Sessions Judge, Delhi. Surrinder Singh petitioner has come up in revision to this Court for setting aside the above order on the ground that the learned Sessions Judge had no jurisdiction to entertain the transfer application and to pass any order thereon.

(2.) THERE is no dispute about the fact that the learned Additional Sessions Judge, in whose Court the case has been transferred, can proceed in the matter under the Act as provided in sub -section (3) of section 7 of the Act. The learned Sessions Judge has transferred the case in exercise of his powers under section 528(1C) of the Code of Criminal Procedure which reprovides: