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TMI Blog2013 (1) TMI 58X X X X Extracts X X X X X X X X Extracts X X X X ..... ute 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 - W.P.(Cr.) No. 95 of 2003 with W.P.(Cr.) No. 112 of 2003 - - - Dated:- 19-7-2012 - M ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2 conveyed resolution to the State Government with the request to issue notification to this effect immediately. Pursuant to the letter dated 06.05.2002, written by the Registrar General of this Court, conveying the decision of the Full Court, State Government has issued impugned notice dated 17.05.2002 authorising the Special Judge, C.B.I. hearing the Fodder Scam cases to try the cases under FEMA/FERA. Thereafter, complaint stood transferred from the Court of C.J.M. to the Special Judge, C.B.I. Learned Special Judge has taken cognizance vide order dated 31.05.2002. Order taking cognizance was challenged before this Court by one of the accused namely Vijay Kumar Malik in W.P. (Cr.) No.208 of 2002, which was dismissed by this Court vide Judg ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... notification is without jurisdiction. He has further argued that by transferring the criminal complaint to the Special Judge, right to appeal before Session Court has been taken away. On the other hand, Ms. A.R. Choudhary appearing for the High Court and Mr. A.K. Das appearing for the Enforcement Director, Mr. Rajiv Ranjan Mishra appearing for the State have vehemently argued that since present case, under the FERA has direct links with the Animal Husbandry Department (Fodder Scam), therefore, it is desirable that all the cases, which are interlinked should be heard by one Court. They have further contended that by transferring the cases to the Special Judge hearing the Fodder Scam cases, no illegality was committed and petitioners can no w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erred to and tried before itself. (2) The High Court may act either on the report of the lower Court, or on the application of a party interested, or on its own initiative: Provided that no application shall lie to the High Court for transferring a case from one Criminal Court to another Criminal Court in the same sessions division, unless an application for such transfer has been made to the Sessions Judge and rejected by him. (3) Every application for order under sub section (1) shall be made by motion, which shall, except when the applicant is the Advocate General of the State, be supported by affidavit or affirmation. (4) When such application is made by an accused person, the High Court may direct him to execute a bo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at Court would have observed if the case had not been so transferred. (9) Nothing in this section shall be deemed to affect any order of Government under section 197." Article 227 and 235 are being reproduced hereunder: "227. Power of superintendence over all courts by the High Court. (1) [Every High Court shall have superintendence over all courts and tribunals throughout the territories in relation to which it exercises jurisdiction.] (2) Without prejudice to the generality of the foregoing provision, the High Court may (a) call for returns from such courts; (b) make and issue general rules and prescribe forms for regulating the practice and proceedings of such courts; and (c) Prescribe forms in which books, en ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... olute 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 in his administrative power can issue direction that cases of particular nature shall be heard by particular court having jurisdiction. Decision of Full Court dated 25.04.2002 empowering the Special Judge hearing Fodder Scam Animal Husbandry Department Scam cases to try the case under FERA/FEMA is not under challenge. As observed hereinabove that 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 notific ..... X X X X Extracts X X X X X X X X Extracts X X X X
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