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8. In the present petition, the petitioner has made the following prayers regarding invocation of powers under Section 407 of the Cr.P.C. read with Section 482 of the Cr.P.C. and Section 27 of the Rajasthan High Court Ordinance, 1949, seeking transfer of the litigation pending against the common impugned judgment dated 05.04.2018 at one place:- 

                                                (4 of 18)                      [CRLTP-6/2021]




        "(i)   Three    Criminal      Appeals,        being      Appeal        nos.
The relevant portion of the judgment dated 04.11.2011 reads as follows:-
"7. Arguing on behalf of the petitioner, learned Sr. Counsel Mr. Udai Lalit has submitted that in this case, the provisions of Section 407(2) Cr.P.C. apply and, as such, the transfer petition cannot be thrown out on the ground that the same is not supported by the affidavit. Despite that, it has been submitted that on the preliminary objection being taken, the affidavits as required under Section 407(3) Cr.P.C. have been filed on record and that the non filing of the affidavit along with the petition was simply an irregularity, which can be cured even subsequently.
9. It has been submitted that by virtue of Section 407(2) Cr.P.C, this Court has powers to act for transfer of the case on the report of the lower court or on its own initiative on the application of the party interested and in these circumstances, no affidavit would be required. He submits that when the powers under Section 407(2) Cr.P.C. are invoked, then, the requirement of filing of an affidavit does not apply to such a transfer application.
10. Finally, it has been submitted that for seeking the ends of justice, the appeal of the petitioner should be transferred/ called to the Hon'ble High Court and be heard together with the aforesaid two appeals being Criminal Appeals Nos. 685/2006 and 267/2007. It has been submitted by Shri Udai Lalit, Sr. Advocate that by way of seeking transfer of the appeal to this Court, the petitioner stands at a disadvantage because in the event of his appeal being rejected by the Sessions Court, where it is pending at present, the petitioner would have a remedy of filing a revision before this Court, which the petitioner himself giving up and, as such, the State cannot have any objection to the transfer sought. The petitioner himself stands to loose the right to avail one forum of challenge in the event the appeal filed by the petitioner being decided against him by this Court instead of the sessions court.
18. Thus, when the High Court is exercising the powers under Section 407(2) Cr.P.C. to direct the transfer of the case on its own initiative then in that situation, there would be no requirement of an affidavit being filed. The requirement of the affidavit is only in the cases covered by Section 407(1) Cr.P.C.
19. Certain provisions of the Code of Criminal Procedure also have a bearing on the controversy involved in the matter.
20. This Court while hearing of the appeal for enhancement has the powers to set aside the conviction as well. The provisions of Section 386 Cr.P.C. are relevant in this regard.