RAM DAYAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) A criminal case arising from FIR No. 23 dated 18.3.1992 registered at Police Station Sadar Mansa for the offence under Sections 7 and 13(2) of the Prevention of Corruption Act (hereinafter referred to as the Act) is pending in the Court of learned Additional Sessions Judge- cum-Special Judge, Bathinda. The petitioner who is the accused in the case has contended that on 1.4.1992 Mansa became a separate independent district and on for about February, 1994, learned Additional Sessions Judge was posted at Mansa and powers of Special Judge under the Act have also been conferred upon the learned Additional Sessions Judge, Mansa. He contends that other cases under the Act pertaining to Mansa district were transferred to Special Judge, Mansa but inadvertently the case arising from the above FIR is left out. Hence, the petitioner requests that the case be transferred from Bathinda Sessions Division to Additional Sessions Judge, Mansa. A preliminary point arose when the case came up for hearing because a question was raised as to whether the petitioner should have approached the learned Sessions Judge of the Sessions Division before approaching this Court for transfer. The learned counsel for the petitioner contended that when a criminal case is to be transferred from one Session Division to another, it is only the High Court which has the power to do so. It was pointed out by the learned AAG for the State that though Mansa is carved out as a separate district, it is still under Sessions Division, Bathinda and the Sessions Judge is posted at Bathinda and there is no Sessions Judge posted at Mansa.

(2.) SECTION 408 of the Code of Criminal Procedure (hereinafter referred to as the Code) empowers the Sessions Judge to transfer a criminal case from one criminal Court to another criminal Court in his Sessions Division. Session 407 of the Code empowers the High Court to transfer a case or appeal from a criminal Court subordinate to its authority to any other criminal Court of equal or superior jurisdiction. Sub-section (2) of Section 407 of the Code empowers the High Court to act either on the report of the lower Court, or on the application of a party interested, or on its own initiative. However, there is proviso to sub-section (2). It reads as under :-

(3.) IN view of the above reasons, this petition deserves to be dismissed. It is hereby dismissed. Petition dismissed.