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Issues involved: Jurisdiction of the VIth Additional City Civil and Sessions Judge to try Sessions Case No. 17/81 without formal transfer from the Principal City Civil and Sessions Judge under Section 194 of the CrPC.
In this case, a complaint led to the registration of a case under Sections 302 and 307 of the Indian Penal Code. The case was transferred between different judges and courts, ultimately leading to the VIth Additional City Civil and Sessions Judge trying the case. The High Court held that the VIth Additional Judge lacked jurisdiction as the case was not formally transferred to him by the Principal City Civil and Sessions Judge under Section 194 of the CrPC. The High Court set aside the conviction and sentence, directing a retrial in accordance with the law. The state of Karnataka appealed this decision to the Supreme Court. The Supreme Court found the High Court's judgment to be erroneous. It was acknowledged that the VIth Additional Judge could try cases formally transferred to him by the Principal Judge under Section 194 of the CrPC. Despite an error in citing the law, the order transferring the case to the VIth Additional Judge was deemed valid. The Supreme Court held that the VIth Additional Judge had jurisdiction to try the case, overturning the High Court's decision. The appeal was allowed, setting aside the High Court's judgment and directing a hearing on the merits of the case. Additionally, the respondent requested legal representation for the appeal, leading to Miss Kamini Jaiswal and Mr. Kapil Sibbal, Senior Advocates, assisting the Court. Their support during the appeal was acknowledged and appreciated by the Supreme Court.
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