Section 408 in The Code of Criminal Procedure, 1973
408. Powers of Sessions Judge to transfer cases and appeals.
(1) Whenever it is made ... appear to a Sessions Judge that an order under this sub-section is expedient for the ends of justice, he may order that any particular
Rayapati .. Respondents in all Crl.R.Cs.
Criminal Revisions filed under sections 397 r/w 401 of Criminal Procedure Code , to set aside the order ... available under Sub-section (1C) of Section 528 (of the old Code). The new Code has split Section 528 into Section 408 [old Section
ORDER:
1. This Criminal Petition is filed under Section 407 of the Code of Criminal
Procedure, 1973 ( Cr.P.C ) to set aside order dated ... transfer a criminal case from one criminal court
to another criminal court within his Sessions Division as enjoined by Section
408 Cr.P.C. Significantly
similar to
the provisions of Sections sub-section (2) of Section 407 Cr.P.C. and
Section 528 is similar to Section 408(1) ... criminal side for only reason that provision akin to
Section 24 (3) regarding subordination is not expressly provided in
the Code of Criminal Procedure
Crl) 192.where the criminal proceedings could be interfered and quashed in exercise of its power envisaged under section 482 Cr.P.C.
Having considered ... others ) under Sections 307 , 452 I.P.C., P.S. Kotwali Bareilly, District Bareilly filed an application under Section 309 (1) Cr.P.C. (Paper
Misc Case
arising out of an application under Section 408 of the Code of
Criminal Procedure filed at the instance of the State was allowed ... Section 31 of the said Act and this
Section speaks about the application of the provisions of the Code
of Criminal Procedure to the proceedings
High Court by the proviso to Sub-section (2) of Section 407 Criminal Procedure Code appears to be the conferment of concurrent power of transfer ... significant to note that the proviso to Sub-section (2) of Section 407 , Criminal Procedure Code only bars an application by a party interested
both appeals/
complainant
Memorandum of Grounds of Criminal Appeals under Section 374(2) of the Criminal Procedure Code against the judgement dated 05.12.2003 made ... exclusively triable by a Court of Sessions, is Section 323 of the Code of Criminal Procedure which reads as follows:-
"323. Procedure when, after
Sections 452 , 307 I.P.C. P.S. Kotwali Bareilly, District-Bareilly, whereby application (Paper No. 309 Kha) filed by accused under Section 309 ... under sections 452 , 307 IPC, Police Station Kotwali Bareilly, District Bareilly whereby the application of the applicant filed under section 309
court of Magistrate as it is against the provisions of Section 408 Cr.P.C. Section 408 Cr.P.C. do not authorize the District ... Chapter XVIII of the Code. Though the cross case cannot be committed in accordance with Section 209 of the Code, the Magistrate has nevertheless power
