CHANDRA SHEKHAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THESE three applications have been filed for transfer of Sessions Trial Nos. 153/96, 155/96 and 154/96 pending before the 1st Additional Sessions Judge, Hazaribagh to any court within the territorial jurisdiction in the State of Bihar for trial.

(2.) THE aforementioned sessions trial arise respectively, from Chapra (Town) P.S. Case No. 16/92, Masharak (Panapur) P.S. Case No. 62/95 and Masharak P.S. Case No. 191/91. The cases, along with other cases, were transferred by the State Government under section 185 of the Code of Criminal Procedure for trial in a court at Hazaribagh Sessions Division vide notification contained in memo no. 2160 dated 27.2.96. The notification stated that having regard to the antecedents of the persons involved in the cases the trial at Chapra was likely to give rise to law and order problems adversely affecting public interest and it was desirable that the cases be transferred to Hazaribagh Sessions Division. This Court concurred in the transfer of the cases and an order to this effect was passed in Cr. Misc. No. 5914 of 1996 on 27.3.96.

(3.) WITHOUT going into the question as to whether the cases can be recalled/ transferred under section 407 Cr.P.C, for labelling of the provision is not relevant and what is relevant is the source and substance of power, we are of the view that the cases be transferred under section 89 of the Reorganisation Act. The objects for which the cases were transferred to Hazaribagh Sessions Division can be achieved by transferring them to another Sessions Division in the State of Bihar as it now exists after division of the State under the Bihar Reorganisation Act.