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(3) The provisions of sub-sections (3), (4), (5), (6), (7) and (9) of section 407 shall apply in relation to an application to the Sessions Judge for an order under sub-section (1) as they apply in relation to an application to the High Court for an order under sub-section (1) of section 407, except that sub-section (7) of that section shall so apply as if for the words one thousand rupees occurring therein, the words two hundred and fifty rupees were substituted.

It is relevant to note that Section 15, 192, 410 of the Code of Criminal Procedure, 1973 corresponds to Section 13, 212, 450 of the Bharatiya Nagarik Suraksha Sanhita, 2023, respectively. Further, Sections 407 and 408 of the CrPC correspond respectively to Sections 447 and 448 of the BNSS, 2023 with some changes, there is no mean to quote the same provisions twice".

(i) Sections 406, 407 and 408 use the words whenever it is made to appear while referring to the power of the Supreme Court, High Court or the Sessions Judge to transfer cases. Sections 409, 410 and 411 significantly do not use these words.
(ii)The captions of Sections 406, 407 and 408 speak of exercise of power to transfer, Sections 409, 410 and 411 do not speak of power but merely refer to withdrawal or recalling.
(iii) Sections 406, 407 and 408 contemplate the power to transfer being exercised on an application by a party interested (Sections 407 and 408 also contemplate the power to transfer being used on a report of the Lower Court or suo motu; and Section 406 contemplate the power of transfer being used on an application by the Attorney General). These Sections clearly imply a need for hearing before transfer. On the other hand, Sections 409, 410 and 411 contemplate exercise of the power of withdrawal/recalling cases in a routine manner in the day to day administration. They do not contemplate any hearing to the parties interested.

26. It is clear from the above that the power to be exercised under Sections 406, 407 and 408 is a judicial power to be invoked and exercised in the manner stated therein. On the other hand, the power of withdrawing or recalling of cases under Sections 409, 410 and 411 is an administrative power, complementary to the administrative power of making over cases vested in the Chief Judicial Magistrate/Magistrate and the Sessions Judge under Sections 192 and 194 of the Code.

18. In this context the Circular Orders of the High court of judicature at Allahabad Volume-II (Covering Circular Letters Issued Up to 31.03.2011) may also be looked upon :-