State Of Kerala vs Annamma on 7 April, 2003
Committal of a case from the Magistrate
Court to the Sessions Court cannot be equated to
transfer under S.408(1) of Cr.P.C. In the case of a
direction to commit a case from the Magistrate Court
to Sessions Court the proviso is not a bar in
exercising the power of the High Court conferred
under S.407(1)(iii) of Cr.P.C. Therefore, we are in
perfect agreement with the decision of the learned
Single Judge of this Court in State of Kerala v.
Annamma (2003 (2) KLT 763) and we are unable to
agree with the decision in Santhosh v. State of Kerala
(2006 (3) KLT 439)."