Awadhesh Kumar Pandey vs The State Of Jharkhand And Anr on 10 July, 2015
In a case Ibrahim
Mian Vs. State of Bihar; 1986 PLJR 475, the Hon'ble court has held that
the Sessions Judge under Section 408 of the Code has every power to
transfer a case. The legislature in his wisdom, anticipating different
situations, has given the power to transfer a case from one court to another
even suo moto on his own initiative. Seeing some administrative exigencies,
the cases can be transferred and in those cases, the disclosure of the reason
for transfer is not mandated under any law. Hence, there appears to be no
irregularity or illegality in the said transfer order. Learned counsel Mr. Tiwari
has not argued on any plausible ground to re-transfer the case from the court
of Chief Judicial Magistrate, Latehar to the court of Sub-Divisional Judicial
Magistrate, Latehar.