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2013 (1) TMI 58 - HC - FEMAWhether High Court, exercising the power u/s 407 of Cr.P.C. read with Article 227 and 235 of the Constitution of India is competent to take decision that cases under FERA/FEMA shall be tried by a Special Judge Whether State Government has absolutely jurisdiction to authorize Special Judge to try cases under FERA Act 1973 - Petitioner argued that there was no necessity to transfer the case, filed under FERA before C.J.M., to the Special Judge Held that - Having perused Section 407 Cr.P.C. and Article 227 and 235, I have no hesitation to hold that this Court either in the administration side or in the judicial side has absolute jurisdiction to transfer any criminal cases pending before the one competent court to be heard and decide by another court within the jurisdiction of this Court. This Court has absolute jurisdiction in administration side as well as in judicial side to transfer any pending criminal case from one competent court to another competent court, therefore, merely because impugned notification dated 17.05.2002 got to be issued pursuant to the decision of Full court dated 25.04.2002 shall have no adverse effect on the jurisdiction of Special Judge hearing the Fodder Scam cases to try the present criminal complaint under the FERA. In favour of respondent
Issues:
Challenge to the notification authorizing a Special Judge to try cases under FEMA. Analysis: The petitioners challenged a notification dated 17.05.2002 issued by the State Government, authorizing a Special Judge to try cases under the Foreign Exchange Management Act (FEMA). The petitioners argued that the State Government lacked jurisdiction to confer such authority to the Special Judge. They contended that there was no provision in the Criminal Procedure Code (Cr.P.C.), FEMA, or the Foreign Exchange Regulation Act (FERA) allowing such jurisdictional transfer. The petitioners also raised concerns about losing the right to appeal before the Session Court due to the transfer of the case to the Special Judge. The High Court examined the legal provisions under Section 407 of the Cr.P.C., Article 227, and Article 235 of the Constitution of India. It concluded that the Court had the jurisdiction to transfer criminal cases from one competent court to another within its jurisdiction. The Court emphasized its administrative and judicial powers to issue directions regarding the jurisdiction of particular courts for specific types of cases. The decision of the Full Court empowering the Special Judge to try cases under FERA/FEMA was noted and not challenged. The Court held that the impugned notification, issued in line with the Full Court's decision, did not affect the Special Judge's jurisdiction to try the criminal complaint under FERA. Therefore, the Court found no grounds for interference in the case. It directed that the notification be ignored, and the proceedings before the Special Judge continue in accordance with the law. The interim order from 17.05.2002 was vacated, and the trial court was instructed to proceed with the case without undue delay.
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